



look. 



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STATE OF NORTH DAKOTA 



GENERAL SCHOOL LAWS 



Comprising all the Laws in Force Pertaining 
to Public Schools 



PUBLISHED BY 

DEPARTMENT OF PUBLIC INSTRUCTION 

E. J. TAYLOR, Superintendent 

JULY 1, 1915 



PUBUSHED BY AUTHOFUTY 



BISMARCK. N. D. 



STATE OF NORTH DAKOTA 



GENERAL SCHOOL LAWS 



Comprising all the Laws in Force Peitaining 
to Public Schools 



PUBLISHED BY 

DEPARTMENT OF PUBLIC INSTRUCTION 

E. J. TAYLOR, Superintendent 

JULY 1, 1915 



PUBLISHED BY AUTHORITY 



BISMARCK, N. D. 



13 10^ 



THIS VOLUME IS STATE PROPERTY 



And is for the use of L 

of- - School District No 

County of State of North Dakota 



School officers on retiring from office are required by law to 
deliver this volume, with all other books and documents of an 
official character, to their successors in office. 



>, Of D 

<- 1 2-0 



INTRODUCTORY 



This volume contains all the school laws in force pertaining to the rural, 
graded, consolidated and high schools of the state. Hereafter the school laws 
will be published in full only once in four years. The next complete edition 
will be published in 1919. County Superintendents should furnish copies of 
the school laws only to those entitled by law to receive them. School officers 
and others should be instructed to preserve their copies carefully and deliver 
them to their successors in office. 

E. J. Taylor, 

Supt. of Public Instruction. 
Bismarck, N. D. 

April 1st, 1915. 



CONGRESSIONAL ENACTMENT 



ORGANIC LAW. 

NARCOTICS. 

§ 75. The nature of alcoholic drinks and narcotics, and special instruction 
as to their effects upon the human system, in connection with the several di- 
visions of the subject of physiology and hygiene, shall be included in the branch- 
es of study taught in the common or public schools, and in the military and 
naval schools, and shall be studied and taught as thoroughly and in the same 
manner as other like required branches are in said schools by the use of text 
books in the hands of pupils where other branches are thus studied in said schools, 
and by all pupils in all said schools throughout the territories in the military 
and naval academies of the United States and in the District of Columbia and 
in all Indian and colored schools in the territories of the United States. 

§ 76. It shall be the duty of the proper officers in control of any school de- 
scribed in the foregoing section to enforce the provisions of this act; and any 
such officer, school director, committee, superintendent or teacher who shall 
refuse or neglect to comply with the requirements of this act or shall neglect 
or fail to make proper provisions for the instruction required and in the man- 
ner specified by the first section of this act, for all the pupils in each and every 
school under his jurisdiction, shall be removed from office and the vacancy 
filled as in other cases. 

§ 77. No certificate shall be granted to any person to teach in the public 
schools of the District of Columbia or territories, after the first day of January, 
anno Domini eighteen hundred and eighty-eight, who has not passed a sat- 
isfactory examination in physiology and hygiene, with special reference to the 
nature and effects of alcoholic drinks and other narcotics upon the human 
system. 

Act of congress approved May 20, 1886. 

RESERVATION OF SCHOOL LANDS. 

§ 88. Sections numbered sixteen and thirty-six in each township of the ter- 
ritories of * * * Dakota * * * shall be reserved for the purpose of 
being applied to schools in the several. territories herein named, and in the states 
and territories hereafter to be erected out of the same. 

Section 1846 R. S. U. S., 1874, approved March 2, 1861. (See, also. En- 
abling Act, section 10, post.) 

ENABLING ACT 

(Approved February 22, 1889.) 
§ 4. Providing for the constitutional conventions for North Da- 
kota, South Dakota, Montana and Washington.) And said convention 
shall provide by ordinances irrevocable without the consent of the LTnited States 
and the people of said states: 



GENEEAL SCHOOL LAWS 



Fourth. That provision shall be made for the establishment and mainte- 
nance of systems of public schools, which shall be open to all children of said 
states, and free from sectarian control. 

§ 10. That upon the admission of each of said states into the union, sections 
numbered sixteen and thirty-six in every township of said proposed states, and 
where such sections or any parts thereof have been sold or otherwise disposed 
of by or under the authority of any act of congress, other lands equivalent 
thereto, in legal sub-divisions of not less than one-quarter section * * * 
are hereby granted to said states for the support of common schools. 

§ 11. That all lands herein granted for educational purposes shall be dis- 
posed of only at public sale; and at a price not less than $10 per acre, the pro- 
ceeds to constitute a permanent school fund, the interest of which only shall 
be expended in the support of said schools. But said lands may, under such 
regulations as the legislature shall prescribe, be leased for periods of not more 
than five years, in quantities not exceeding one section to any one person or 
company, and such lands shall not be subject to pre-emption, homestead entry, 
or any other entry under the land laws of the United States, whether surveyed 
or unsurveyed, but shall be reserved for school purposes only. 

§ 13. That five per centum of the proceeds of the sales of public lands ly- 
ing within said states which shall be sold by the United States subsequent to 
the admission of said states into the union, after deducting all expenses incident 
to the same, which shall be paid to the said states, to be used as a permanent 
fund, the interest of which only shall be expended for the support of common 
schools within said states, respectively. 

§ 14. That the lands granted to the territories of Dakota and Montana 
by the act of February 18, 1881, * * * ^j.^ l^ereby vested in the states 
of South Dakota, North Dakota and Montana, respectively, * * * to the 
extent of the full quantity of seventy-two sections to each of said states, * * 
but said act of February 18, 1881, shall be so amended as to provide that 
none of said lands shall be sold for less than $10 per acre, and the proceeds shall 
constitute a permanent fund to be safely invested and held by said states sev- 
erally, and the income thereof be used exclusively for university purposes. 
* * * None of the lands granted in this section shall be sold at less than 
$10 per acre; but said lands may be leased in the same manner as provided in 
section 11 of this act. The schools, colleges and universities provided for in 
this act shall forever remain under the exclusive control of the said states, re- 
spectively, and no part of the proceeds arising from the sale or disposal of any 
lands herein -granted for educational purposes shall be used for the support of 
any sectarian or denominational school, college, or university. * * * 

§ 16. That 90,000 acres of land, to be selected and located as provided in 
section 10 of this act, are hereby granted to each of said states, except to the 
state of South Dakota, to which 120,000 acres are granted, for the use and sup- 
port of agricultural colleges in said states, as provided in the acts of congress 
making donations of lands for such purpose. 

§ 17. That in lieu of the grant of land for purposes of internal improve- 
ment made to new states by the eighth section of the act of September 4, 1841, 
which act is hereby repealed as to the states provided for by this act, and in 
lieu of any claim or demand by the said states, or either of them, under the act 
of September 28, 1850, and section 2479 of the revised statutes, making a grant 



STATE OF NORTH DAKOTA 



of swamp and overflowed lands to certain states, which gr^nt it is hereby de- 
clared is not extended to the states provided for in this act, and in lieu of any 
grant of saline lands to said states, the following grants of lands are hereby 
made, to-wit: 

To the State of South Dakota: For the school of mines, 40,000 acres; for 
the reform school, 40,000 acres; for the deaf and dumb asylum, 40,000 acres; 
for the agricultural college, 40,000 acres; for the university, 40,000 acres; for 
the state normal schools, 80,000 acres; for public buildings at the capital of 
said state, 50,000 acres, and for such other educational and charitable purposes 
<es the legislature of said state may determine, 170,000 acres; in all 500,000 
acres. 

To the State of North Dakota a like quantity of land as in this section granted 
to the state of South Dakota and to be for like purposes, and'in like proportion 
as far as practicable. 



GENEEAL SCHOOL LAW;: 



CONSTITUTIONAL PROVISIONS 

[Adopted October 1, 1889.] 



PREAMBLE. 

We the people of North Dakota, grateful to Almighty God for the blessings 
of civil and religious liberty, do ordain and establish this Constitution. 

ARTICLE IL 

The Legislative Department. 
§ 69. The legislative assembly shall not pass local or special laws in any 
of the following enumerated cases, that is to say: 

12. Providing for the management of common schools. 

ARTICLE III. 

§ 82. There shall be chosen by the qualified electors of the state at the time 
and places of choosing members of the legislative assembly a * * * 
superintendent of public instruction * * * -^Yiq shall have attained the 
age of twenty-five years, shall be a citizen of the United States, and shall have 
the qualifications of state electors. They shall severally hold their offices at 
the seat of government for the term of two years, and until their successors 
are elected and duly qualified. 

§ 83. The powers and duties of the * * * superintendent of pub- 
lic instruction, * * * shall be as prescribed by law. 

§ 84. Until otherwise provided by law, the * * superintendent of pub- 
lic instruction, * * shall each receive an annual salary of $2,000; * * 
but the salary of any of said officers shall not be increased or diminished dur- 
ing the period for which they shall have been elected, and all fees and profits 
arising from any of the said offices shall be covered into the state treasury. 

ARTICLE V. 

elective franchise. 

§ 121. Amended.] Every male person of the age of twenty-one years 
or upwards belonging to either of the following classes, who shall have resided 
in the state one year, and in the county six months, and in the precinct ninety 
days next preceding any election, shall be deemed a qualified elector at such 
election. 

First — Citizens of the United States. 

Second — Civilized persons of Indian descent who shall have severed their 
tribal relations two years next preceding such election. 

(See sec. 480 Revised Codes, also State v. Denoyer, 6 N. D. 586.) 

§ 123. Electors shall in all cases except treason, felony, breach of the peace 
or illegal voting, be privileged from arrest on the days of election during their 
attendance at, going to and returning from such election, and no elector shall 
be obliged to perform military duty on the day of election except in time of 
war or public danger. 



STATE OF NORTH DAKOTA 



§ 125. No elector shall be deemed to have lost his residence in this state 
by reason of his absence on business of the United States or of this state, or 
in the military or naval service of the United States. 

§ 126. No soldier, seaman or marine in the army or navy of the United 
States shall be deemed a resident of this state in consequence of his being sta- 
tioned therein. 

§ 127. Amended.] No person who is under guardianship, non compos 
mentis or insane, shall be qualified to vote at any election; nor shall any per- 
son convicted of treason or felony, unless restored to civil rights; and the leg- 
islature shall by law establish an educational test as a qualification, and may 
prescribe penalties for failing, neglecting or refusing to vote at any general 
^election. 

§ 128. Any woman having the qualifications enumerated in section 121 of 
this article as to age, residence and citizenship, and including those now qual- 
ified by the laws of the territory, may vote for all school officers, and upon all 
questions pertaining solely to school matters, and be eligible to any school 
office. 

§ 129. All elections by the people shall be by secret ballot subject to such 
regulations as shall be provided by law. 

ARTICLE VIII. 

EDUCATION. 

§ 147. A high degree of intelligence, patriotism, integrity and morality on 
ithe part of every voter in a government by the people being necessary in order 
to insure the continuance of that government and the prosperity and happi- 
ness of the people, the legislative assembly shall make provision for the estab- 
lishment and maintenance of a system of public schools which shall be open to 
all children of the State of North Dakota and free from sectarian control. The 
legislative requirements shall be irrevocable without the consent of the United 
States and the people of North Dakota. 

§ 148. The legislative assembly shall provide at its first session after the 
adoption of this Constitution for a uniform system of free public schools 
throughout the state; beginning with the primary and extending through all 
grades up to and including the normal and collegiate course. 

§ 149. In all schools instruction shall be given as far as practicable, in 
those branches of knowledge that tend to impress upon the mind the vital im- 
portance of truthfulness, temperance, purity, public spirit, and respect for hon- 
est labor of every kind. 

§ 150. A superintendent of schools for each county shall be elected every 
two years, whose qualifications, duties, powers and compensation shall be fixed 
by law. 

§ 151. The legislative assembly shall take such other steps as may be nec- 
essary to prevent illiteracy, secure a reasonable degree of uniformity in course 
of study and to promote industrial, scientific and agricultural improvement. 

§ 152. All colleges, universities and other educational institutions, for the 
support of which lands have been granted to this state, or which are supported 
by a public tax, shall remain under the absolute and exclusive control of the 
state. No money raised for the support of the public schools of the state shall 
be appropriated to or used for the support of any sectarian school. 



10 GENEEAL SCHOOL LAWS 



ARTICLE L— SUPERINTENDENT OF PUBLIC INSTRUCTION. 

§ 1105. Qualifications of, term of office.] Thei-e shall be elected by 
the qualified electors of the state at the time of choosing members of the legis- 
lative assembly, a superintendent of public instruction, who shall have attained 
the age of twenty-five years, who shall have the qualifications of an elector 
for that ofiice, and be the holder of a teacher's certificate of the highest grade, 
issued in this state. He shall hold his office at the seat of government for the 
term of two years, commencing on the first Monday in January following his 
election, and until his successor is elected and qualified. 

§ 1106. To PRESERVE MISCELLANEOUS DOCUMENTS.] He shall preserve in 
his office all books, maps, charts, works on education, school reports and school 
laws of other states and cities, plans for school buildings and other articles of 
educational interest and value which may come into his possession as such of- 
ficer, and at the expiration of his term he shall deliver them together with the 
reports, statements, records and archives of his oflBce to his successor. 

§ 1107. Supervision of schools.] He shall have the general supervision 
of the public schools of the state and shall be ex-officio a member of the board 
of university and school lands and of the normal school board of the state. 

§ 1108. To furnish school supplies, blanks, etc.] He shall prepare, 
cause to be printed and furnished to the proper officers or persons all district 
clerks' record books and warrant books, school treasurers' record books, school 
registers, reports, statements, notices and returns needed or required to be 
used in the schools or by the school officers of the state. He shall prepare and 
furnish to school officers, through the county superintendents, lists of publi- 
cations approved by him as suitable for district libraries; such lists shall contain 
also the lowest price at which each publication can be purchased and such other 
information relative to the purchase of district libraries as he may deem req- 
uisite. 

§ 1109. Prescribe course of study.] He shall prepare and prescribe 
a course of study for all the common schools of the state. 

§ 1110. Advise county superintendents.] He shall counsel with and 
advise county superintendents and boards of education in special or independ- 
ent school districts upon all matters involving the welfare of schools and he 
shall, when requested, give them written answers to all questions concerning 
the school law. He shall decide all appeals from the decision of the county 
superintendents and may for such decisions require affidavits, or verified state- 
ments or sworn testimony as to the facts in issue. He shall prescribe and cause 
to be enforced, rules of practice and regulations pertaining to the hearing and 
determination of appeals and necessary for carrying into effect the school laws 
ot the state. 

§ 1111. Conference with county superintendents.] He shall meet 
with any or all of the county superintendents of the state at such time and place 
as he shall appoint, giving them due notice of such meeting, and it shall be their 
duty to attend such meetings. The object of such meetings shall be to ac- 
cumulate valuable facts relative to schools, to compare views, to discuss prin- 
ciples, to hear discussions and suggestions relative to the examinations and 
qualifications of teachers, methods of instruction, text books, institutes, vis- 
itation of schools and other matters relating to the public schools. 



STATE OF NOETH DAKOTA 1 1 



§ 1112. Rules for teachers' institutes.] He shall prescribe rules and 
regulations for the holding of teachers' institutes and teachers' training schools, 
and after counseling and advising with the county superintendent shall appoint 
conductors and assistants therefor. He shall prescribe the course of instruc- 
tion for teachers' institutes and for teachers' training schools." 

§ 1113. To ASSIST AT teachers' INSTITUTES.] He shall when practical, 
attend and assist at teachers' institutes and aid and encourage generally, teach- 
ers in qualifying themselves for the successful discharge of their duties; he 
shall labor faithfully in all practicable ways for the welfare of the public schools 
of the state, and shall perform such other duties as shall be required of him by 
law. 

§ 1114. Record of official acts.] He shall keep a complete record of all 
his oflScial acts and shall file in his office all appeals and the papers pertaining 
thereto. 

§ 1115. Seal.] He shall provide and keep a seal by which all his official 
acts may be authenticated. 

§ 1116. Biennial report, what to contain.] He shall, on or before the 
first day of November preceding the biennial session of the legislative assembly, 
make and transmit to the governor a report showing: 

1. The number of school districts, schools, teachers employed and pupils 
taught therein and the attendance of pupils and studies pursued by them. 

2. The financial condition of the schools, their receipts and expenditures, 
value of school houses and property, cost of tuition and salary of teachers. 

3. The condition, educational and financial, of the normal and higher in- 
stitutions connected with the school system of the state and as far as it can be 
ascertained, of the private schools, academies and colleges of the state. 

4. Such general matters, information and recommendations relating to the 
educational interests of the state, as he may deem important. 

§ 1117. Reports to be printed.] Three thousand copies of the report 
of the superintendent of public instruction shall be printed biennially in the 
month of December preceding the session of the legislative assembly. One copy 
shall be furnished to each of the members of the legislative assembly, five to 
each state educational institution, one copy to each county superintendent of 
the state, one copy to the president of each school board, one copy to each state 
officer, one copy to each state and territorial superintendent and twenty copies 
shall be filed in the oflSce of the superintendent of public instruction and ten 
copies in the state library. Copies may be distributed among the various 
colleges, universities, and libraries of the United States. 

§ 1118. School laws to be printed.] He shall in the year 1911, and every 
four years thereafter, cause to be printed, the school laws of the state, with such 
notes and decisions thereon as may seem to him advisable, and shall furnish 
them through the office of the county superintendent of schools, to the school 
officers of the state, and to public libraries within the state. At the close of 
any biennial session of the legislature he shall publish in pamphlet form the 
laws pertaining to education enacted at that session and shall distribute them 
as provided for the distribution of the school laws. 

§ 1119. Publication of proceedings of educational association.] The 
state superintendent of public instruction is hereby authorized and required 
to publish nnnually, as public matter, not to exceed one thousand five hundred 



GENEEAL SCHOOL LAWS 



copies of the proceedings of the North Dakota Educational Association, (he 
same to he distril^uted throughout the state by the department of public in- 
struction; provided, that a copy of the proceedings of said association shall be 
filed by the secretary or other officer of said association with the superintend- 
ent of public instruction, on or before the first day of February of each year. 
§ 1120. Salary. Traveling expenses.] He shall receive an annual sal- 
ary of three thousand dollars and in addition thereto his actual and necessary 
traveling expenses incurred in the discharge of his official duties, not exceed- 
ing one thousand two hundred dollars in any one year, such expenses to be paid 
monthly on the warrant of the state auditor upon bis filing with such auditor 
an itemized statement of such expenses properly verified. The state superin- 
tendent may appoint a deputy for whose official acts he shall be responsible. 
He may also appoint an assistant whose duty shall be to assist the state super- 
intendent in visiting schools, institutes, attending school officers' meetings and 
to perform such other duties as the state superintendent may direct. The 
state superintendent may also appoint such clerks as shall be necessary in car- 
rying on the work of his department. 

ARTICLE 2.— COUNTY SFPERINTEJs^DENT OF SCHOOLS. 

§ 1121. Election, term of office.] There shall be elected in each or- 
ganized county, at the same time other county officers are elected, a county 
superintendent of schools, whose term of office shall be two years, commenc- 
ing on the first Monday in January following his election, and until his suc- 
cessor is elected and qualified. 

§ 1122. Qualifications of.] No person shall be deemed qualified for the 
office of county superintendent in any county, who is not a graduate of some 
reputable normal school or higher institution of learning, or who does not hold 
at least a second grade professional certificate, and who has not had at least 
two years' successful experience in teaching, one year of which shall have been 
in this state. 

§ 1123. General duties.] The coimty superintendent of schools shall 
have the general superintendence of the common schools in his county, except 
those in districts which employ a city superintendent of schools. 

§ 1124. General duties, visits.] He shall visit each common school at 
least once each year and carefully observe the condition of the school, the men- 
tal and moral instruction given, the methods of teaching employed by the teach- 
er, the teacher's ability, and the progress of the pupils. He shall advise and 
direct the teachers in regard to the instruction, classification, government and 
discipline of the school and the course of study. He shall keep a record of such 
visits and by memoranda indicate his judgment of the teachers' ability to teach 
and govern, and the condition and progress of the school, which shall be open 
to inspection by any school director. 

§ 1125. General duties, blanks, teachers' meetings.] He shall carry 
into efi^ect all instructions of the superintendent of public instruction given with- 
in his authority. He shall distribute to the proper officers and to teachers all 
blanks furnished him by such superintendent, and needed by such officers and 
teachers. Acting under the instructions of the superintendent of public in- 
struction, he may convene the teachers of his county not to exceed one Saturday 
in each month during which the public schools are in progress, or if the distance 



STATE OF NORTH DAKOTA 13 



is too great he may convene the teachers of two or more districts in each of the 
several portions of his county in county or district meetings, for professional 
instruction and for such other work as may be approved by the superintendent 
of public instruction. Each teacher shall attend the full sessions of such meet- 
ings when required, and participate in the exercise thereof, or forfeit one day's 
wages for each day's absence therefrom, unless such absence is occasioned by 
sickness of the teacher or others to whom his attention is due; but when, on 
account of distance or otherwise, it would impose a hardship upon any teacher 
to attend, or would cause such teacher to neglect his school, the county super- 
intendent may excuse such teacher from attendance. 

§ 1126. Meetings with school officers.] He may arrange for meet- 
ings with' school officers at designated times and places, due notice of which 
has been given, for the purpose of inspecting the district records and instruct- 
ing in the manner of keeping the same, and of preparing the reports of district 
officers. He shall visit the officers of the several school districts as often as 
may be necessary to secure the correct keeping of the records. 

§ 1127. Annual meeting of school officers.] He shall convene the 
members and clerks of the school boards in his county, or such representatives 
of the school officers of each district as the president or members of the school 
boards may appoint, in case he or they cannot attend personally, for the purpose 
of discussing plans and methods for the improvement and general care of the 
schools; provided, further, such general meeting shall not occur more than once 
in each year. 

§ 1128. Record of official acts.] He shall keep a record of all his of- 
ficial acts, and shall preserve all books, maps, charts, and apparatus sent him 
as a school officer, or belonging to his office,. He shall file all reports and state- 
ments from teachers and school boards and shall turn them over to his successor 
in office. He shall be provided with a seal by which his official acts may be 
authenticated. 

§ 1129. Prepare maps.] He shall, on or before the first day ot April of 
each year, prepare and furnish to the several assessors of the county a correct 
sectional map of their respective districts, showing the boundaries and names 
or numbers of all school districts therein. 

§ 1130. File lists.] Immediately after the July meeting of the school 
boards, the county superintendent shall file with the county auditor and the 
county treasurer a list of the names of all persons chosen as presidents and 
clerks of the several school boards in his county. 

§ 1131. Apportionment of state tuition 'FTjnd.] He shall make appor- 
tionment of the state tuition fund among the school corporations of the county, 
as provided in this chapter. 

§ 1132. To decide questions of controversy.] He shall decide all 
matters in controversy arising in his county in the administration of the school 
law or appealed to him from the decision of school officers or boards. An ap- 
peal may be taken from his decision to the superintendent of public instruction, 
in which case a full written statement of the facts, together with the testimony 
and his decision in the case shall be certified to the superintendent of public 
instruction for his decision in the matter, which decision shall be final, subject 
to adjudication or the proper legal remedies in the courts. 

§ 1133. Power to administer oaths.] He shall have power to administer 



14 GENEEAL SCHOOL LAWS 



the oath of ofBce to all subordinate school officers, and to witnesses and to ex- 
amine them under oath in all controversies pending before him arising in the 
administration of the school laws; but he shall not receive pay for administer- 
ing such oath. 

§ n34. Report delinquent teachers, when.1 He shall see to it that 
the pupils are instructed in the several branches of study required by law to 
be taught in the schools, as far as they are qualified to pursue them. If any 
teacher neglects or refuses to give instruction as required by law in physiology 
and hygiene and the nature and effect of alcoholic drinks and other narcotics, 
the county superintendent shall promptly notify the secretary of the state 
board of education. 

§ 1135. Report to state superintendent.] He shall, on or before the 
fifteenth day of September in each year, make and transmit a report to the 
superintendent of public instruction, containing such statistics, items and state- 
ments relative to the schools of the county, as may be required by such super- 
intendent. Such report shall be made upon and conform to the blanks fur- 
nished by the superintendent of public instruction for that purpose. He shall 
not be paid his salary for the last month of his official year until he presents 
to the county commissioners the receipt of the superintendent of public in- 
struction for such annual report. 

§ 1136. Deputies. How appointed. Salary.] In counties having fifty 
or more schools, the county superintendent may appoint an office deputy, for 
whose acts as such he shall be responsible, which deputy shall be entitled to 
a salary equal to fifty per cent of the county superintendent's salary, provided, 
that in counties having 150 or more schools, the county superintendent shall 
be allowed one deputy for each 100 schools or major fraction thereof under 
the supervision of said superintendent. Such deputies shall be for the pur- 
pose of assisting the county superintendent in visiting schools and in the gen- 
eral supervision of the educational work of the county. They shall possess 
the qualifications of the county superintendent of schools specified in section 
1122 of this chapter and shall each receive a salary of two hundred (200) dollars 
per annum in excess of that paid to the office deputy. 

§ 1137. Salary and expenses.] The county superintendent of schools 
shall receive an annual salary equal to that paid to the register of deeds of his 
county, which salary shall be paid monthly on the warrant of the county audi- 
tor on the county treasurer, and in addition thereto he shall receive ten cents 
per mile for the distance actually and necessarily traveled by him or his field 
deputy in the discharge of his duties within the county and in attendance at 
meetings of county superintendents called by the superintendent of public 
instruction as provided by law. He shall at the end of every three months 
make and furnish to the county commissioners an itemized statement sub- 
scribed and sworn to of the distance so traveled in the discharge of his duties, 
which shall be audited and ordered paid by the board of county commissioners. 

§ 1138. Office postage and stationery.] He may provide for himself 
a suitable office for the transaction of official business when not provided there- 
with by the county commissioners, and such commissioners shall audit and 
pay his reasonable accounts for the use and furniture of such office. They 
shall also furnish him with all necessary books, stationery and postage. 

§ 1139. Shall not absent himself from county.] No county superin- 



STATE OF NOETH DAKOTA 15 



tendent of schools shall engage in any profession or occupation, nor shall he 
absent himself from the county or district for which he is elected, to engage 
in any occupation, profession or pursuit during the term for which he is elected 
for such time and in such manner as to interfere with the proper discharge of 
his duties as county superintendent of schools. 

ARTICLE 3.— COMMON SCHOOL DISTRICTS. 

§ 1140. Each school district a corporation.] Each and every school 
district in this state now legally organized or which shall be organized here- 
after shall be and is hereby constituted a public corporation to be known and 

designated as s-^.lool district No of 

..: County, State of North Dakota, with its proper name 

or number inserted in the blank space provided and with the name of the county 
inserted in the blank before the word county; and in its own proper name, or 
number, as such corporation it may sue and be sued, contract, and be con- 
tracted with and may acquire, purchase, hold and use personal and real prop- 
erty for school purposes or for the purposes mentioned in this act and may sell 
and dispose of the same. 

§ 1141. What territory may be organized into district school cor- 
porations.] The county commissioners of each county in the state shall or- 
ganize into a school district any territory not, at the taking effect of this act, 
already organized into a school district upon being petitioned so to do by at least 
one-third of the residents of such territory having the care and custody of any 
child of school age; provided, such territory shall consist of not less than one 
congressional township and shall have at least twelve thousand dollars in tax- 
able property and at least ten children of school age residing therein. 

§ 1142. When school corporations may be divided and attached to 
OTHER districts.] If a portion of any such school district having not more 
than ten children of school age residing therein is separated from the other por- 
tion of such district by any natural obstacle which practically prevents such 
children from attending school in such other portion, the county commission- 
ers of the county may annex such portion so separated, to an adjoining school 
district, and the portion so annexed shall constitute a part of such adjacent 
school district, if such adjacent district lies in another county, the county 
commissioners of the two counties may jointly make such annexation; pro- 
vided, that whenever portions of a school district lie in different civil townships 
there may be created therefrom two or more distinct school districts, when 
in the judgment of such commissioners and the county superintendent, 
such change can he made without detriment to the school or to the pupils there- 
in, and the division can be made by following the boundary line or lines of con- 
gressional townships, or the meander lines of the government survey. 

§ 1143. Annexation of school districts.] If a town or village not or- 
ganized into a special district is divided by a civil township line or if such town 
or village is divided by any county line, the county commissioners of such 
county, or the county commissioners of such adjacent counties acting in joint 
session, as the case may be, may, when petitioned so to do by a majority of the 
voters of each part of said town or village, annex one part of such town or vil- 
lage to the adjacent school district which includes the other part of such town 



16 GENEEAL SCHOOL LAWS 



or village and the part so annexed shall constitute a portion of such adjacent 
district. 

§ 1144. When civil townships may consolidate into school districts.] 
In any county in this state, if a civil township, having less than fifteen per- 
sons of school age residing therein, by reason of the irregular course of natural 
boundary, contains less than twelve square miles of territory, it shall consti- 
tute a portion of the adjacent school district with which it has the longest com- 
mon boundary line. 

§ 1145. School districts. How named.] Each school district consti- 
tuted or formed under the provisions of this article, shall be designated a school 
district as distinguished from a civil township or congressional township, and 
shall be named as follows: Each school district which consists of a civil town- 
ship shall be named " School District of 

County, State of North Dakota," with the name of the civil township inserted 
in the blank before the word "school" and the name of the county in which 
it is situated inserted before the word "county." Each school district which 
consists of territory not organized into a civil township, but which has already 
a distinctive name, may by a majority vote at any annual school election, after 
such territory has been organized into a civil township, change such distinctive 
name to conform to the name given the civil township. Each school district 
consisting of territory not organized into a civil township which has no dis- 
tinctive name shall be named "School District No of 

County, State of North Dakota," which is organized for school purposes under 
the district system at the taking effect of this act, the several school districts 
shall retain and be known by the number which they have respectively at the 
time of the taking effect of this act and any school district hereafter formed 
in any such county shall be known by the number next higher than that of the 
highest pre-existing numbered district. 

§ 1146. Boundaries, how changed.] The board of county commis- 
sioners and county superintendent of schools may change the boundaries of 
any school district or consolidate two or more districts already organized if 
in their judgment such change is desirable or necessary upon being petitioned 
so to do by a majority of the school voters residing in the districts whose boun- 
daries will be affected by such change. 

§ 1147. New common school districts. How organized.] The board 
of county commissioners and county superintendent may organize a new school 
district from portions of school districts already organized, if in their judgment 
the organization of a new district is desirable and necessary, upon being pe- 
titioned so to do by at least a majority of the school voters residing in the dis- 
tricts whose boundaries will be affected by the organization of a new district, 
and by at least three-fourths of the residents of the territory to be included in 
the new district. No school district shall be organized under the provisions 
of this section which shall have less than twenty thousand dollars 
assessed valuation and shall have residing therein less than twelve children 
of school age; provided, that when the districts from portions of which such 
new districts is sought to be organized, lie in two or more adjoining counties, 
such new district shall be organized by the concurrent action of the boards 
of county commissioners and county superintendents of such counties; pro- 
vided, further, that action on such organizations shall be taken only at the 



STATE OF NORTH DAKOTA 17 



July meeting of the county commissioners when petitioned by a majority of 
the voters residing in each of the districts to be affected. Provided, further, 
that the county commissioners and county superintendent of schools may or- 
ganize a new school district from portions of school districts already organized, 
if in their judgment a new school district is desirable and necessary, upon be- 
ing petitioned so to do by at least three-fourths of the school voters residing 
within the territory to be included in the new district, provided, such proposed 
new district shall have an assessed valuation of at least one hundred twenty 
thousand dollars, and shall have an area equal to a congressional township 
or major fraction thereof and shall have residing therein at least twelve children 
of school age; provided, that such organization will not leave the district from 
which such new district is sought to be organized with an area of less than one 
congressional township and an assessed valuation of at least one hundred fifty 
thousand dollars. 

§ 1148. Public notice given.] Whenever the board of county commis- 
sioners and county superintendent of schools shall be petitioned to organize a 
new school district or to change the boundaries of districts already organized, 
the county superintendent shall give public notice, for at least thirty days, to 
the residents of the districts whose boundaries will be affected by the organiza- 
tion of the new district, by mailing a notice to that effect to each school officer 
of such districts, and by publishing the same in the official newspaper of the 
county published nearest that district. 

§ 1149. Plats of school districts prepared by county auditor. Rec- 
ord.] The county auditor shall prepare a record or plat of his county show- 
ing the boundaries, name or number of school districts in said county which 
record shall remain on file in his office. Whenever the boundaries of a school 
district are changed or a new school district organized the county auditor shall 
make a record of the same. 

§ 1150. Legalizing irregularities.] All school districts, whether duly 
and legally organized under the provisions of statute, or not, which for one 
year or more last past had a de facto organization, and also all school districts, 
whether duly and legally organized under the provisions of statute or not, which 
have heretofore attached or attempted to attach territory out side of the limits 
thereof and adjacent to such district, and now included in the territory com- 
prising or exercising the powers of such school district, are hereby declared 
to be legally organized and are authorized to exercise all the functions of school 
districts which have been duly and legally organized as provided by statute, 
with the boundaries which they may have at the time of going into effect of 
this article, and all contracts and obligations of said districts and the acts of 
the officials thereof are hereby ratified and confirmed so far as to give tnem 
the same validity which they would have had if such districts had been legallly 
organized. 

ARTICLE 4.— ELECTION OF OFFICERS IN COMMON 
SCHOOL DISTRICTS. 

§ 1151. Officers to be elected.] On the first Tuesday in June of each 
year there shall be elected one school director for the term of three years and 
on the first Tuesday in June of each even numbered year a school treasurer 
for the term of two years. Such officers shall hold their respective offices from 



18 GENEEAL SCHOOL LAWS 



the second Tuesday in July following their election for the number of years 
respectively for which they were elected, and until their successors are elected 
and qualified. At the first election for the organization of a new school dis- 
trict there shall be elected at large for such school district three directors, one 
to serve until the first annual election, one to serve until the second annual 
election thereafter and one to serve until the third annual election thereafter, 
and a school treasurer to serve until the annual election in the next even num- 
bered year and until his successor is elected and qualified. 

§ 1152. Polling places, how established. Appointment of elec- 
tion OFFICERS.] The county superintendent in each county shall, at least 
twenty-one days prior to the first election in the new district, fix and desig- 
nate some polling place in each school district so located as to be convenient 
for the voters of such district, and shall appoint two persons to act as judges 
and two to act as clerks of the election of such school officers; such judges and 
clerks shall be qualified voters in their respective districts. The county super- 
intendent shall notify in writing such judges and clerks of their appointment, 
and of the place fixed and designated as the polling place in their respective 
districts and shall furnish them with the necessary blanks and poll books for 
such election. He shall also furnish one of such clerks with three notices of 
such election specifying the time and place at which such election is to be held. 
The officers to be elected and term of each which notices such clerk shall post 
in three of the most public places in the district at least fourteen days prior 
to such election. The county superintendent shall fix the date and perform 
such other duties as devolve upon him by the provisions of this section for the 
first election in any school district hereafter formed under the provisions of 
this chapter, and such election shall be called by the county superintendent 
within thirty days after the formation of such school district. 

§ 1153. Who Qualified to vote or hold office.] At any election of 
school officers in any school district in this state all persons who are qualified 
electors under the general laws of the state and all women twenty-one years 
of age having the necessary qualifications as to citizenship and residence re- 
quired of male voters by law, shall be qualified voters and shall be eligible to 
the office of county superintendent of schools, school director, district treas- 
urer, school district clerk, or member of the board of education, or may be 
judge or clerk of such election; provided, however, that the county superin- 
tendent shall possess the educational qualifications named in section 1122. 

§ 1154. Hours polls open.] At all elections for school district officers 
the polls shall be opened at 2 o'clock p. m. and closed at 5 o'clock p. m. 

§ 1155. Notice of annual election.] At least fourteen days before the 
first Tuesday in June of each year the district school board of each school dis- 
trict ?hall designate one polling place as convenient as possible to the voters 
of such district at which such annual election shall be held, and shall cause 
notice of such election to be posted in at least three of the most public and con- 
spicuous places within the district. Such notices shall be signed by the clerk 
or in his absence by the president of the district school board, and shall state 
the time and place of holding such election, and the officers to be elected and 
their terms of office, and shall be substantially in the following form: 

Notice is hereby given that on Tuesday, the day of June, A. 

D. 19 , an election will be held at _ (here in- 



STATE OF NOETH DAKOTA 19 



sert polling place) for the purpose of electing 

(here insert officers to be elected and term each is to serve) for School District 

No or for (here insert name of school 

district). The polls will be opened at 2 o'clock p. m. and closed at 5 o'clock 
p. m. of that day. 

By order of School Board, 

Signed • 

§ 1156. Judge's oath.] At such annual election any two of the directors 
of the school district may act as judges and the clerk of the district school board 
and one other person to be chosen by the voters present at the opening of the 
polls, shall act as clerks. The voters present at the opening of the polls shall 
choose a person to. fill any vacancy caused by the absence of either of such of- 
ficers to act as judge or clerk of such election. Before opening the polls each 
of the judges and clerks of election shall take and subscribe the following oath 
or affirmation: "I do solemnly swear (or affirm) that I will perform my du- 
ties as judge or clerk (as the case may be) according to law and the best of my 
ability." Such oath or affirmation may be administered by any officer au- 
thorized to administer oaths or by either of the judges or clerks. Any school 
officer elected and qualified under the provisions of this chapter is authorized 
and empowered to administer any oath or affirmation pertaining in any man- 
ner to school offices. ' 

§ 1157. Election, how conducted, canvass of votes.] Such election 
shall be conducted and the votes canvassed as provided by law for general 
elections, except as otherwise provided in this chapter. Immediately after the 
polls are closed the judges shall proceed to count and canvass the votes for each 
person voted for at such election for any office, and the person receiving the 
highest number of votes for the office of director shall be declared elected. If 
the election results in a tie the district clerk shall immediately notify in writing 
the parties having received such tie votes, and a time shall be agreed upon by 
the parties, within three days after the election, at which the election shall be 
decided in the manner that may be agreed upon by the parties in the presence 
of the judges and clerks of election, and a record of the proceedings shall be 
made in the records of the district clerk. 

§ 1158. Certificate of election.] The clerk of the school district shall 
within five days after such election furnish each person elected to any district 
office, a written notice of his election and of his duty to take the oath of office 
as such officer on or before the second Tuesday in July following such election. 
He shall also forward to the county superintendent within ten days after such 
election, a certified list of all the officers elected thereat. 

§ 1159. Oath of office.] Each person elected to the office of school di- 
rector or district treasurer shall before entering upon the duties of his office 
take and subscribe the oath prescribed in section 211 of the Constitution, which 
oath shall be filed with the clerk of the school district board. 



20 GENERAL SCHOOL LAWS 



ARTICLE 5.— ORGANIZATION MEETINGS AND DUTIES OF , 
COMMON SCHOOL OFFICERS. 

§ 1160. Organization, clerk.] The school board shall meet annually on 
the second Tuesday in July and organize by choosing one of the members pres- 
ident, and a competent person, not a member of the board, clerk, who shall 
told office during the pleasure of the board. 

§ 1161. District school board Quorum.] The three school directors in 
each school district shall constitute the district school board. A majority of 
the board shall constitute a quorum and the agreement of a majority shall be 
necessary to the validity of any contract entered into by the board. 

§ 1162; Meetings of board. Fees.] The board shall, on the second 
Tuesday in January, April, July and October of each year, hold regular meet- 
ings for the transaction of business at such hour and place as may be fixed by 
the board. A special meeting may be held upon the call of the president or 
the other two members. Written notice of the time and place of any special 
meeting shall be given to each member of the board at least forty-eight hours 
before the time of such meeting. Each member of the board shall be paid the 
sum of eight dollars per annum, less two dollars for each regular meeting which 
he fails to attend; provided, that in any common school district which con- 
tains a graded school of three or more departments the board shall hold reg- 
ular meetings for the transaction of business on the second Tuesday of each 
month at such time and place as may be fixed by the board, and in such dis- 
tricts the members of the board shall receive a compensation of one dollar for 
each meeting attended; provided, further, the members and clerks receive ten 
cents a mile for the distance necessarily traveled in attending general meet- 
ings of school officers convened by the county superintendent and also a sal- 
ary of two dollars, but the total sum of such salary and mileage shall not ex- 
ceed seven dollars for each oflScer at any one meeting. 

§ 1163. Duties of the president.] The president shall preside at all 
meetings of the board, and shall perform such duties as usually pertain to such 
office, and in accordance with the customary rules of order. In his absence 
a president pro tempore shall preside. The president shall perform such other 
duties as are prescribed in this chapter. 

§ 1164. Duties of clerk. Compensation.] The clerk of the board shall 
keep an accurate record of all proceedings of the board, give or post all notices, 
make out all reports and statements and perform all other duties required by 
law or by the board. He shall receive such compensation as shall be fixed hy 
the board, not less than ten dollars for one school and five dollars for each ad- 
ditional school in his district; provided, that such salary shall not exceed fifty 
dollars in any one year; provided, further, that the clerk shall receive such ad- 
ditional compensation for taking the annual school census as the board may 
allow. 

§ 1165. Treasurer's bond. How approved. Vacancy. How filled.] 
The school treasurer shall on or before the second Tuesday in July following 
his election and before entering upon his duties, give a bond to the school dis- 
trict conditioned for the honest and faithful discharge of his duties and that 
he will render a true account of all funds and property that shall come into 
his hands and pay and deliver the same according to law. Such bonds shall 



STATE OF NORTH DAKOTA 



be in such sum as may be fixed by the board but not less than double the sum 
to come into his hands in any one year as nearly as may be ascertained, which 
bond shall be signed by two or more sufficient sureties, to be approved by the 
school board. In case the school board neglects or refuses to approve the bond 
of such treasurer and the sureties thereon, such treasurer may present the same 
to the county superintendent and serve notice thereof upon the board and due 
proof of such notice being made to the county superintendent, he shall, unless 
good cause for his delay appears, proceed to hear and determine the sufficiency 
of the bond and the sureties thereon, and may approve or disapprove the same 
as the facts warrant. In case of a failure to elect a successor to any school 
treasurer at the expiration of his term of office, the said treasurer holds over 
and he shall be required to give a new bond, within ten days after notice by the 
board. In case of a failure so to do, a vacancy shall be deemed to exist in said 
office and shall be filled as provided by law. In case a vacancy occurs in the 
office of the school treasurer, it shall be the duty of the county treasurer of the 
county wherein such school district is located, upon being notified by the coun- 
ty superintendent or clerk of such school district that such vacancy exists, to 
perform the duties of treasurer of such school district until the vacancy is duly 
filled. 

§ 1166. When additional bonds required.] Whenever the amount in 
the hands of the treasurer or subject to his order exceeds two-thirds of the penal 
sum of his bond or when in the judgment of the board or of the county super- 
intendent the security on such bond is impaired, the board or county super- 
intendent shall require an additional bond. If the treasurer fails for twenty 
days to give such additional bond, the office shall be declared vacant and the 
vacancy shall be filled as provided by this chapter. 

§ 1167. Surety bonds. Premiums. How paid.] Every person hereafter 
elected to the office of district treasurer within the state of North Dakota, be, 
and is, hereby required to give an official bond in a penal sum to be fixed by the 
board of directors, which bond shall not be in a less penal sum than double the 
amount of money likely to come into his hands in any qne year, and such board 
may by resolution require that such bond shall be executed by some respon- 
sible fidelity or surety company authorized and qualified to do business in the 
state of North Dakota, and subject to approval as provided by law; provid- 
ed, further, if a surety bond is given it shall be for a sum fixed by the board 
of directors. The amount of premiums Jor such security or fidelity bond shall 
be audited by the board of directors and paid out of the general fund of the 
district. 

§ 1168. School funds. How paid out.] The school treasurer shall keep 
such account and make such reports as are required of him by law. He shall 
pay no money out of the funds in his hands except upon the warrant of the 
school board, signed by the president and countersigned by the clerk. He 
shall pay all warrants properly drawn and signed when presented, if there is 
any money in his hands or subject to his order for their payment. 

§ 1169. Warrants to be endorsed when no funds to pay.] When a 
school district warrant is presented to the district treasurer for payment and 
there is no money in his hands or subject to his order belonging to the proper 
fund for the payment of such warrants, he shall indorse on such warrant, 
"presented for payment this day of 19 , 



22 GENEEAL SCHOOL LAWS 



and not paid for want of funds," and shall sign such indorsement. If he has 
in his hands or subject to his order money for the part payment of such warrant 
he shall make such part payment and indorse the sum on the warrant and add 
"balance not paid for want of funds," signing the same. He shall keep a correct 
register of all warrants so presented and indorsed. Each warrant thus pre- 
sented and indorsed shall draw interest on the amount unpaid at a rate not to 
exceed seven per cent, per annum from the date of such presentation and in- 
dorsement until paid; provided, that when there shall come into the hands of 
the treasurer or subject to his order, money applicable to the payment of any 
warrant which has been so presented and registered, he shall notify in writ- 
ing by mail, the drawee of such warrant at his last known place of residence, 
to present such warrant for payment, and interest shall cease upon every war- 
rant ten days after such notice shall have been sent, and such money shall be 
held for the payment of such warrant. 

§ 1170. Warrants, what to specify.] Each warrant drawn by the clerk 
or the board on the district treasurer must specify the purpose for which it is 
drawn, the fund on which it is drawn and the person to whom payable; and 
no warrant shall be issued except for indebtedness incurred prior to its issue. 

§ 1171. Oaths and bonds. Where to be filed.] All oflBcial oaths and 
bonds of school district officers shall be filed with the district clerk, who shall 
immediately certify to the county superintendent the fact of such oaths and 
bonds being filed. Said clerk shall file school treasurer's bond with the county 
auditor after such bond has been approved by the district school board, as pro- 
vided in this chapter. In case of the breach of any of the conditions of the 
treasurer's bond, the board, through its president, and in case of his refusal 
so to do, the county superintendent, shall cause an action to be commenced 
and prosecuted thereon in the corporate name of the district, and any money 
collected for the district shall be paid to the district treasurer and any money 
collected for fines shall be paid into the county treasury and be credited to the 
general school fund of the state. If the board and county superintendent both 
fail or refuse to bring such action, any taxpayer in the district may commence 
and prosecute such action, and the necessary expense thereof shall be paid out 
of the district treasury unless otherwise ordered by the court. 

§ 1172. Salary of school treasurer.] The school treasurer shall be 
paid for his services such sum as shall be fixed by the board not less than five 
nor more than twenty-five dollars per annum. 

ARTICLE 6.— POWERS AND DUTIES OF COMMON SCHOOL 

BOARDS. 

§ 1173. General powers.] The district school board shall have the gen- 
eral charge, direction and management of the schools of the district, and the 
care, custody and control of all the property belonging to it, subject to the pro- 
visions of this chapter; provided, that in the employment of teachers, no per- 
son related by blood or marriage to any member of the district board shall be 
hired without the unanimous consent of the board. 

§ 1174. Power to establish schools.] It shall organize,^ maintain and 
conveniently locate schools for the education of children, of school age within 
the district, and change or discontinue any of them as provided by law. 



STATE OF NORTH DAKOTA 23 



§ 1175. Repairs, fuel and supplies.] It shall make all necessary re- 
pairs to school houses, outbuildings and appurtenances, and shall furnish fuel 
and all necessary supplies for the schools and provide for janitor service. 

§ 1176. Furniture, maps, register, school library.] The district school 
shall, "with the approval of the county superintendent of schools, furnish to 
each school all necessary and suitable furniture, maps, charts, globes, black- 
boards, and other school apparatus, including any dictionary which is recog- 
nized as a standard authority. The school register and all school blanks used 
shall be those furnished by the state department of public instruction. It 
shall appropriate and expend each year not less than ten ($10.00), or more 
than twenty-five ($25.00), for each school of the district for the purpose of 
school library, to be selected by the school board and the teacher, from 
any list of books authorized by the superintendent of public instruction, and 
furnished by him to the county superintendent for that purpose; provided, 
that all books purchased for the library shall be bound in cloth or some 
material equally as durable; provided, further, that when a school board 
of a common school, has purchased and has in their library two hundred books 
as afore provided, that the school board having such school under their super- 
vision shall be obliged to expend not less than five dollars ($5.00), annually, 
until such library shall contain, in good condition, three hundred volumes, after 
which said school board shall not be obliged to purchase so as to increase 
the number, but shall keep the books in good condition, and replace annually 
as many books as may become lost or destroyed. 

§ 1177. Care of library. Librarian.] It shall have the care and cus- 
tody of the library and may appoint as librarian any suitable person, includ- 
ing one of their number, but whenever practicable, the library shall be kept 
in the school house and always so when school is in session. It shall make 
rules to govern the circulation and care of the books while in the hands of the 
pupils or other persons, subject to the general rules as may be prescribed by 
the state superintendent of public instruction, and may impose and collect 
penalties for injuries done to any book by the ^act, negligence or permission 
of the person who takes the same or while in his possession, but no book shall 
be loaned to any person not a resident of the district. It may at any time 
temporarily exchange any part or all of its library with any other district or 
persons, so far as different books may be obtained, but each district shall re- 
call its books before the close of the school term. It may at any time accept 
donations of books for the library, but it shall exclude therefrom all books un- 
suited to the cultivation of good character and good morals and manners, and 
no sectarian publications, devoted to the discussion of sectarian differences 
and creeds shall be admitted to the library. It shall be held accountable for 
the proper care and preservation of the library, and shall report annually 
to the county superintendent all library statistics which may be required by 
the blanks furnished for that purpose by the superintendent of public instruc- 
tion. 

§ 1178. Teachers. How employed. Salaries.] It shall employ the 
teachers of the school district and may dismiss a teacher at any time for plain 
violation of contract, gross immorality, or flagrant neglect of duty. No per- 
son shall be permitted to teach in any public school who is not the holder of 
a teacher's certificate or a permit to teach, valid in the county or district in 



24 GENEEAL SCHOOL LAWS 



which such school is situated, and every contract for the employment of a 
teacher must be in writing and such contract must be executed before such 
teacher begins to teach in such school; provided, that no teacher holding a valid 
certificate shall receive less than forty-five dollars per month. Nothing in this 
section shall be construed to mean that teachers holding the same grade cer- 
tificate must necessarily receive the same salary. 

§ 1179. Pupils from other districts.] It shall have the power to admit 
to the schools in the district, pupils from other districts, when it can be done 
without injuring or overcrowding such schools, and shall make regulations 
for their admission and the payment of their tuition. It shall have the power 
to arrange with the board of another district for sending to such district such 
pupils as can conveniently be taught therein, for paying their tuition, and for 
arranging a*nd paying for their transportation to and from the school in such 
district; and when petitioned by a majority of the voters of a district it shall 
be the duty of the board of any district to arrange for sending to such district 
such pupils as can conveniently be taught therein, for paying their tuition 
and for arranging and paying for their transportation to and from the school 
in such district. It shall have the power to admit to the schools in the dis- 
trict, pupils residing in unorganized territory adjacent to the district, and to 
arrange with the parents or guardian of such pupils for paying their tuition; 
but in no instance shall a board refuse privileges to or collect tuition from pu- 
pils residing in such adjacent unorganized territory, if the parents of such 
pupils are property holders in the district and pay taxes. It shall also have 
the power to make proper and needful rules for the assignment and distribu- 
tion of pupils to and among the schools in the district, and their transfer from 
one school to another. 

§ 1180. Rules. Suspension of pupils.] It shall assist and co-operate 
with teachers in the government and discipline of the schools and may make 
proper rules and regulations therefor. It may suspend or expel from school 
any pupil who is insubordinate or habitually disobedient, but such suspension 
shall not be for a longer period than ten days nor such expulsion beyond the 
end of the current term of school. 

§ 1181. Branches of study.] Subject to the approval of the county 
superintendent, it shall have the power to determine what branches, if any, 
in addition to those required by law shall be taught in any school of the dis- 
trict. 

§ 1182. Tax levy. Notice to county auditor.] It shall have power to 
levy upon the property in the district a tax for school purposes of not exceed- 
ing thirty mills on the dollar in any year; provided, however, that in districts 
having a high school an additional tax of ten mills on the dollar may be levied 
if a majority of the school voters of such district annually authorize such levy 
at the annual school election; notice that the question of levying such addi- 
tional tax will be voted on at the election shall be given by posting the same 
in three of the most public places in the district, at least fourteen days prior 
to said election. The levy of such additional tax, if authorized by the voters 
as aforesaid, shall be made by a resolution of the board prior to the twentieth 
day of July. 

§ 1183. When school houses can be used for other purposes.] It 
may permit a school house, when not occupied for school purposes to be used 



STATE OF NORTH DAKOTA 



under careful restrictions for any proper purpose, giving equal rights and priv- 
ileges to all religious denominations or political parties, but for any such use 
or privilege it shall not be at any cost for fuel or otherwise to the district. Nor 
shall any furniture which is fastened to the floor be removed, and whoever re- 
moves any school furniture for any other purpose than repairing the same or 
for repairing the school room, shall be guilty of a misdemeanor and shall be 
fined not less than five nor more than ten dollars for each offense. All fines 
imposed and collected under the provisions of this section shall be paid into 
the general school fund of the state. 

§ 1184. School houses and sites, how determined.] Whenever in the 
judgment of the board it is desirable or necessary to the welfare of the schools 
in the district, or to provide for the children therein proper school privileges 
or whenever petitioned to do so by one-third of the voters of the district, the 
board shall call an election of the voters in the district at some convenient time 
and place fixed by the board, to vote upon the question of the selection, pur- 
chase, exchange or sale of a school house site, of the erection, removal, or sale 
of a school house. Said election shall be conducted and the votes canvassed 
in the same manner as at the annual election of school officers. 

§ 1185. Election, how called. Plans, how prepared.] Three notices 
of the time, place and the purpose of such election shall be posted in three of 
the most public places in the district at least fourteen days prior to such meet- 
ing. If a majority of the voters present at such meeting shall by vote select 
a school house site or shall be in favor of the purchase, exchange or sale of the 
school house, as the case may be, then the board shall proceed to carry out the 
decision of the voters of the district, provided it shall require a vote of two- 
thirds of the voters present and voting at such meeting to order the removal 
of the school house, and such school house so removed cannot again be removed 
within three years from the date of such meeting; and, further, if the ques- 
tion of removing the school house fails to carry, then the question of removing 
such school house cannot again be raised within one year; provided, further, 
that whenever a school house is to be purchased, erected or constructed in a 
common school district, the school board shall consult with the county super- 
intendent of schools and the county superintendent of health with regard to 
plans providing for the proper construction, lighting, heating and ventilating; 
provided, further, that it shall be the duty of the state superintendent of pub- 
lic instruction to furnish plans for school houses of one and two rooms that will 
be in accord with the best ideas pertaining to heating, lighting, ventilation 
and other sanitary requirements; provided, further, that school boards and 
county superintendents shall secure from a competent carpenter or architect 
complete specifications and blue prints for plans furnished by the state super- 
intendent of public instruction, or approved plans that may be furnished by 
said carpenter or architect, at a cost not to exceed twenty-five dollars for a 
one-room school house and forty dollars for a two-room school house. A copy 
of such plans and specifications shall be filed in the office of the county super- 
intendent. 

§ 1186. County Board of Health.] Whenever the county superintend- 
ent of schools shall report to the county board of health that a school house 
or any school out building is in an unsanitary or unsafe condition, or that any 
of the pupils or any person of school age is alleged to be defective in mind or 



26 GENERAL SCHOOL LAWS 



body, it shall be the duty of the said board to investigate the report without 
delay and to direct the school board or a person in charge of the alleged de- 
fective to take such action as shall seem to be for the best interests of the per- 
sons immediately concerned. 

§ 1187. School house sites, hovf obtained and maximum area allowed.] 
The school board of any school district may take in the corporate name there- 
of any real property not less than two acres, nor exceeding five acres in area 
chosen as a site for school house, as provided in this chapter, and may hold 
and use such tract for school purposes only. It shall secure good title to any 
and all of the school sites in the district, and cause the same to be recorded 
in the oflBce of the register of deeds. It shall be the duty of the state's attor- 
neys to pass upon the title to any school site before the deed thereof is recorded. 
Should the owner of such real property refuse or neglect to grant and convey 
such site a site for a school house may be obtained by proceeding in eminent 
domain, as provided in the Code of Civil Procedure. If this site so selected 
is not used for the purpose for which it is taken for two successive years it shall 
revert to the original owner or his assigns upon payment of the sum originally 
paid by the school district. If such owner or his assigns neglects or refuses 
to make such repayment for one year after the demand therefor by the board 
such site shall be the property of the district. 

§ 1188. Schools to be organized on petition.] If a petition signed by 
the persons charged with the support and having the custody and care of nine 
or more children of school age, all of whom reside not less than two and one- 
half miles from the nearest school, is presented to the board, asking for the 
organization of a school for such children, the -board shall organize such school 
and employ a teacher therefor, if a suitable room for such school can be leased 
or rented at some proper location not more than two and one-half miles distant 
from the residence of any one of such children, and if no suitable room for such 
school can be leased or rented, the board shall call a meeting of the voters of 
the district for the selection and purchase or erection of a school house, as pro- 
vided for in section 1185. If at such meeting no such site is selected or if it is not 
voted to erect or purchase a school house for such school, the board shall se- 
lect and purchase a school house site and erect, purchase or move thereon a 
school house at a cost of not more than twelve hundred dollars for such school 
house and furniture therefor; provided, that the provisions of this section shall 
not apply in instances where schools have been consolidated in accordance 
with the provision of section 1190. 

§ 1189. School terms, how arranged and when discontinued.] The 
district boatd shall determine and fix the length of time the schools in the dis- 
trict shall be taught each year, and when each term of school shall begin and 
end. It shall so arrange such terms as to accommodate and furnish school 
privileges equally and equitably to pupils of all ages; provided, that every com- 
mon school shall be kept in session for not less than seven months in each school 
year; provided, further, that any school may be discontinued when the av- 
erage attendance of pupils therein for ten consecutive days shall be less than 
four, and all contracts between school boards and teachers shall contain a pro- 
vision that no compensation shall be received by such teacher from the date 
of such discontinuance, if proper and convenient school facilities be provided 
for the pupils therein in some other school. 



STATE OF NORTH DAKOTA 27 



§ 1190. Consolidation of schools.] The district school board may call, 
and if petitioned by one-third of the voters in the district, shall call an election 
to determine the question: (1) "To consolidate two or more schools or the ter- 
ritory usually served by two or more schools and select a site and provide a 
suitable building," or (2) "to select a school already established and, if nec- 
essary, make suitable additions thereto to accommodate the pupils of the 
schools to be vacated." 

Said election shall be conducted, both as to notices and as to manner of can- 
vassing the votes, in the same manner as the annual school elections. If a 
majority of the votes cast at such an election are in favor of either proposal, 
then the board shall carry out the decision of the district within four months 
thereafter. 

In the event of carrying out either proposal prior to or after the passage of 
this act, it shall be the duty of the board to provide for the transportation of 
the pupils at public expense to and from the consolidated school, except to 
those pupils living less than two and one-half miles from such school; and it 
shall also be the duty of the board, if deemed expedient, to move to the site 
selected school houses already built or to sell such school houses. 

§ 1191. Additional school time.] If a majority of the patrons of any 
school averaging eight or more pupils in daily attendance for a period of three 
months immediately prior to the date of filing the petition with the clerk of 
the district board, shall petition the board to continue such school for an ad- 
ditional time, the board shall continue such school for that length of time if 
there are funds in the treasury sufficient for that purpose. 

§ 1192. District high schools. How established and controlled.] 
In any district containing four or more schools, and having an enumeration 
of sixty or more persons of school age residing therein the board may call, and 
if petitioned so to do by ten or more voters in the district, shall call a meeting 
of the voters of such district, in the manner prescribed in section 1185 to deter- 
mine the question of establishing a district high school. If a majority of the 
voters at such meeting vote in favor of establishing such high school, the meet- 
ing shall further proceed to select a site therefor, and to provide for the erec- 
tion or purchase of a school building or for the necessary addition to some school 
building therefor. Thereupon the board shall erect or purchase a building or 
make such addition for such high school, as shall be determined at such meet- 
ing and shall establish therein a district high school containing one or more 
departments, and employ teachers therefor. 

§ 1193. Length of term.] Such high school shall be kept in session for 
such time each year, not less than four months, as the board may determine. 
The board shall, subject to the approval of the county superintendent, grade 
such high school, and prescribe the studies to be pursued therein, and shall 
have the same management and control thereof as of the elementary schools 
in the district. 

§ 1194. Adjacent districts may join.] Two or more adjacent school 
districts may join in the establishment and maintenance of such high school, 
or for a graded school or for both, when empowered so to do by a majority of 
the voters in each distinct, at a meeting called and held as provided for in this 
section, in which case the building and furniture occupied and used for such 
high school or graded school shall belong to the districts so uniting and all the 



28 GENEEAL SCHOOL LAWS 



costs of maintaining such school, or schools, including the wages of teachers 
and all necessary supplies shall be paid by such districts in proportion to the 
assessed valuation of the property in each; and the employment of teachers 
therefor, and the management, control and grading thereof shall be vested 
in the joint boards of such districts, subject to the approval of the county super- 
intendent of the county in which such districts are located. 

§ 1195. School census. Annual report.] The school board shall cause 
an enumeration to be made between the first and twentieth day of June of each 
year, of all unmarried persons of school age, being over six and under twenty- 
one, having their legal residence in the district, giving the names and ages of 
such persons and the names of parents and guardians having the care and cus- 
tody of each; also the name and age of each deaf and dumb, blind, and feeble 
minded person between the ages of five and twenty-five years, residing in the 
district, including all such persons as may be too deaf or feeble minded to ac- 
quire an education in the common schools, and the names and post-office address 
of the parents or guardians of such persons. The enumeration shall be made 
upon and in accordance with the blanks furnished therefor by the county 
superintendent, and shall be returned to the county superintendent prior to 
the tenth day of July. 

§ 1196. Reports. To whom sent.] A copy of the enumeration of such 
deaf and dumb persons shall be furnished the superintendent of the school 
for the deaf; a copy of the enumeration of such blind persons shall be fur- 
nished to the superintendent of the school for the blind; and a copy of the 
enumeration of such feeble-minded persons shall be furnished the superintend- 
ent of the institution for the feeble-minded, by the county superintendent im- 
mediately upon the receipt of the same. A copy of such enumeration shall also 
be kept in the office of the district clerk. 

§ 1197. Clerk's annual report.] The board shall also cause the district 
clerk to make out an annual report for the year beginning July 1st, and ending 
June 30th, containing such actual and statistical statements and items as shall 
be required by the superintendent of public instruction, and upon and in ac- 
cordance with the blanks furnished therefor by the county superintendent. 
Such reports shall be carefully examined and certified to as correct by the 
board at its regular meeting in July, and transmitted to the county superintend- 
ent prior to the 1st day of August following. A copy of such report shall be 
filed in the district clerk's office. 

§ 1198. Records open to inspection.] All reports, books, records, vouch- 
ers, contracts and papers relating to school business in the school district in 
the office of the clerk shall at all times be open to the inspection of any director, 
who shall advise and aid in securing correct records, accounts, and legal re- 
ports, and they shall likewise be open to the county superintendent, and any 
particular paper or record shall be exhibited at reasonable hours to any voter 
or taxpayer. 

§ 1199. Records and teaching in English.] All reports and records of 
school officers and proceedings of all school meetings shall be in the English 
language, and if any money belonging to any district shall be expended in sup- 
porting a school in which the English language is not the medium of instruc- 
tion exclusively, the county superintendent or any taxpayer of the school cor- 
poration may in a civil action in the name of the corporation recover for such 



STATE OF NORTH DAKOTA 29 



corporation all such money from the ofBcer expending it or ordering or voting 
for its expenditure. 

§ 1200. Exits required.] All school houses having more than one school 
room shall have the doors in the exits opening outward, and it is hereby further 
provided that after the passage of this act school houses of more than one 
room thereafter erected shall be provided with an exit not less than four feet 
six inches in width. All doors to be kept unlocked from 8:30 o'clock a. m. 
to 4:30 o'clock p. m. on school days. 

§ 1201. Fire escapes, how constructed.] There is hereby required a 
stationary fire escape, consisting of iron stairways, attached to school houses 
having more than one story, with iron landings easily accessible from each 
school room above the first floor, guarded by an iron railing not less than two 
feet six inches in height. Such landings shall be connected by iron stairs not 
less than three feet wide and with steps not less than six inches tread, and pro- 
tected by a well secured hand rail of iron on both sides and reaching to the 
ground. Provided, however, that the six-foot section immediately above the 
ground shall be hinged to the main escape so it may be swung out of the way 
when not in use; further provided that this section shall not affect school houses 
now constructed and provided with adequate fire escapes. The way of egress 
to such fire escape shall at all times be kept free and clear from all obstruction 
of any and every nature. 

§ 1202. Duty of school officers.] Trustees, boards of directors, boards 
of education, or any other person having charge of such school houses shall com- 
ply with the provisions of this act within six months after its passage and ap- 
proval. 

§ 1203. Penalty.] Any person or board violating any of the provisions of 
this act shall upon conviction thereof, be deemed guilty of a misdemeanor and 
shall be punished by a fine of not less than twenty-five dollars or more than one 
hundred dollars. 

§ 1204. Duties of district school boards as to tree planting.] It is 
hereby made the duty of every district school board in the state of North Da- 
kota to plant trees and shrubs upon the grounds of every school house in their 
district and to encourage school children to plant such trees and shrubs and 
to cultivate and protect the same. 

§ 1205. Fences.] Where stock is permitted to run at large it is hereby 
made the duty of the district school board to cause to be erected about the 
grounds of every school house in each district a fence sufficient to protect the 
trees and shrubs upon the school house grounds from destruction by live stock, 
and such fence shall be provided with convenient gates or stiles; provided, 
further, that in the construction of such fence barbed wire shall not be used. 
§ 1206. Funds for tree planting and cultivation.] The district school 
board is hereby empowered and it shall be its duty to expend not less than ten 
dollars annually for each school yard out of the funds of the schopl district for 
the purpose mentioned in the foregoing section. 

§ 1207. Stables in rural districts. Hitching posts.] If in any rural 
school district, a petition signed by the persons charged with the support and 
having the custody and care of eight or more children of school age is present- 
ed to the school board asking for the building of a suitable stable upon the 
school site, the board shall provide such stable without unnecessary delay. 



30 GENEEAL SCHOOL LAWS 



Tt shall be tlie duty of the school board in rural districts to provide for sub- 
stantial hitching posts for each school site in the district. 

ARTICLE 7.— SCHOOL FUNDS. 

§ 1208. State tuition fund. How raised.] The net proceeds arising 
from all fines and penalties for violation of state laws, from leasing the school 
lands and the interest and income from the state permanent school fund shall 
be collected and paid into the state treasury in the same manner as is provided 
by law for the collection and payment of state taxes, and shall constitute the 
state tuition fund, which shall be apportioned among the several counties of 
the state in proportion to the number of children of school age in each as shown 
by the last enumeration authorized by law. 

§ 1209. County treasurer to report state tuition fund quarterly.] 
It shall be the duty of the county treasurer to receive from the proper officers 
the net proceeds of fines, penalties and forfeitures for violation of state laws, 
and all moneys arising from leasing of school lands within the county, and to 
forward a detailed statement of moneys so collected, specifying the amount 
received from each of the above sources, to the state auditor at the same time 
that he is required to make reports of other moneys to such auditor. 

§ 1210. Duty of state auditor.] It shall be the duty of the state auditor 
on or before the third Monday in February, May, August, and November in 
each year to certify to the superintendent of public instruction the amount 
of the state tuition fund and the superintendent of public instruction shall im- 
mediately apportion such funds among the several counties of the state in pro- 
portion to the number of children of school age residing in each as shown by 
the last enumeration provided for by law and certify to the state auditor, state 
treasurer and to the county treasurer and county superintendent of each county, 
the amount apportioned to the respective counties. Immediately upon receipt 
of such apportionment from the state superintendent as herein provided, the 
state auditor shall draw a warrant upon the state treasurer for the full amount 
of the state tuition fund apportioned to the several counties and shall deliver 
the same to the state treasurer, taking his receipt therefor and shall notify the 
several county treasurers of the amount due their respective counties and that 
such warrant has been issued therefor, and the state treasurer shall pay on such 
warrant to the several county treasurers^the amount due their respective coun- 
ties. 

§ 1211. Funds kept separate.] All moneys arising from interest on the 
permanent! school fund and from leasing school lands shall be apportioned un- 
der a separate item and such money shall be taken account of as a separate 
item by all officers making or certifying such apportionment, or through whose 
hands any portion of such funds shall pass and it is further made the duty of 
the district treasurer to keep such funds separate from all other funds and if 
at the close of the school year any part of such funds which was apportioned 
prior to the third Monday of May of such year remains in the hands of the 
district treasurer, he shall transfer the same to the general fund of the district 
to which it was apportioned. 

§ 1212. Funds defined. How used.] All moneys received by the school 
district from the apportionment made by the superintendent of public instruc- 



STATE OF NORTH DAKOTA 31 



tion shall Constitute and be designated the state tuition fund. All monej^s 
received from district taxes, from subscription, from sale of property, or from 
any other source whatever except from apportionment made by the superin- 
tendent of public instruction shall be designated the general fund. In addition 
to the state tuition fund and the general fund, a sinking fund may be estab- 
lished as provided by this article. The state tuition fund shall be used only 
in the payment of teachers' salary; provided, that if the amount of state tuition 
apportioned to any district in any one year is insufficient for the payment of 
teachers' salary in such district, any money on hand or available belonging 
to the general fund of such district may be applied to meet such deficiency; 
provided, further, that if the state tuition fund apportioned to any district 
in any one year is more than sufficient for the payment of teachers' wages in 
such district the portion of such fund in excess of the amount so required shall 
be transferred to and become a part of the general fund. 

§ 1213. Funds controlled and paid out by district treasurer.] All 
funds shall be kept in the possession or under the control of and paid out by 
the district treasurer except as otherwise provided in this chapter, and he shall 
keep for each district one general account of the entire receipts and expendi- 
tures, and separate itemized accounts, as herein provided, for each class of re- 
ceipts and expenditures. His books shall at all times show by entries under 
proper heads all receipts of funds and payments made therefrom, so as to en- 
able any person readily to ascertain the balance in any fund. 

§ 1214. Not entitled to tuition fund, when. Enumeration.] No 
school district shall be entitled to receive any portion of the state tuition fund 
that fails to make a report of the enumeration of the children of school age in 
the manner provided by law, nor until the enumeration has been taken and re- 
ported as required by law. The county superintendent is empowered to with- 
hold the payment of county tuition from any district whose officers have failed 
to make the reports required by law; and,, further, the county superintend- 
ent shall not authorize the payment of money apportioned to any district un- 
less the bond and oath of the treasurer of such district has been duly approved 
and filed as provided by law. 

§ 1215. Enumeration in new districts.] New districts organized after 
the annual enumeration has been taken shall proceed immediately to take the 
enumeration as provided by law, and after the receipt of such enumeration 
by the superintendent of public instruction through the county superintend- 
ent, the newly organized district shall receive its proportionate share of the 
funds to be apportioned. 

§ 1216. Apportionment of funds withheld, when.] The county super- 
intendent shall have the right to withhold the apportionment of the county 
tuition fund (two mill tax and school poll tax) from any school district other 
than the new districts herein provided for, which has not maintained school 
therein for a period of not less than six school months in each school of said 
district during the school year preceding such apportionment or has not other- 
wise provided school facilities for the pupils of that district; provided, further, 
that it shall be mandatory upon the county superintendent to withhold the 
apportionment of the county tuition funds from any district which has not 
maintained school for a period of at least five months in each school in said dis- 
trict or has "not otherwise provided school facilities for the pupils of that dis- 



GENERAL SCHOOL LAWS 



trict for the school year preceding such apportionment; and when such ap- 
portionment of county tuition fund shall be withheld by the county super- 
intendent from any district, it shall revert to the funds from which it was orig- 
inally apportioned. 

§ 1217. Apportionment of state tuition funds by County Superin- 
tendent.] Within thirty days and not less than twenty days after receiving 
the certificate of apportionment from the superintendent of public instruction 
and the certificate from the county auditor as provided for in section 1225 of this 
chapter, the county superintendent shall apportion separately to the several 
school districts, which are entitled to any portion of the state tuition and spe- 
cial funds within the county, in proportion to the niimber of children residing 
in each district over six and under twenty-one years of age as appears from 
the last enumeration authorized by law, upon which the superintendent of 
public instruction made the apportionment to the several counties, and he 
shall immediately notify each district treasurer of the amount of tuition fund 
in the county treasury due the district, and shall certify to the county treas- 
urer and to the county auditor the amount due each school district. The coun- 
ty treasurer shall deliver to the several school treasurers, upon the order of the 
county auditor, the amounts apportioned to their respective districts, taking 
a receipt therefor. 

§ 1218. Treasurer's accounts. Annual settlement.] The district 
treasurer shall open new accounts with each fund at the beginning of each school 
year, and the balance of each fund shall be brought down and become a part 
of the first entry in opening the account for the new year. On the second Tues- 
day in July, the school board shall make settlement with the district treasurer 
and shall carefully examine his books, accounts, and vouchers, and shall as- 
certain if the amount of all warrants, bonds and coupons paid and redeemed 
or paid in part, together with the cash in his hands or under his control, is equal 
to the amount of cash on hand at the beginning of the school year, together 
with all money received by him from all sources for school purposes during 
the year. The disrict treasurer shall deliver to the board at such annual meet- 
ing, all warrants, bonds, and coupons paid and redeemed by him during the 
school year and held by him as vouchers, taking the receipt of the board there- 
for, and such vouchers shall forthwith be filed with the district clerk. He shall 
at that meeting make his annual report in triplicate, one copy to be preserved 
in the treasurer's office, one to be filed with the clerk of the school board and 
one to be transmitted to the county superintendent of schools, and the board 
shall cause to be published an itemized statement of the receipts and expen- 
ditures of the preceding year in a newspaper of the county nearest said school 
district; provided, that if said board or treasurer shall have failed to publish 
said statement by the first of September following the presentation of the treas- 
urer's annual report, then it shall be the duty of the county superintendent 
of schools k) cause the publication of the same in a newspaper of the county, 
said publication to be paid for by the school district. The treasurer's reports 
shall show the following: 



STATE OF NORTH DAKOTA 33 



RECEIPTS 

The balance at the close of the year. 

The amount received into the state tuition fund. 

The amount received into the special fund. 

The amount received into the county tuition fund. 

The amount received into the sinking fund. 

EXPENDITURES 

The amount paid for school houses, sites and furniture. 
The amount paid for apparatus and fixtures. 
The amount paid for teachers' wages. 

The amount paid for services and expenses of school officers. 
The amount paid for redemption of bonds. 
The amount paid for interest on bonds. 
The amount paid for incidental expenses. 
' The cash on hand at the close of the school year. 

Such report shall include such other items as may be required by the dis- 
trict board, or the superintendent of public instruction, and shall be upon and 
in conformity with the blanks furnished him for that purpose. 

§ 1219. When county treasurer to pay funds to district treasurer.] 
The treasurer of each district shall apply to the county auditor for an order, 
and the county treasurer shall pay over to him on such order all of the school 
money collected for such district and all school money apportioned to such dis- 
trict by the county superintendent of schools, and the county auditor shall 
issue such order;' provided, such district treasurer has qualified and filed his 
oath and bond as provided by law. It shall be the duty of the county treas- 
urer, when payment is made to any school treasurer or any funds herein pro- 
vided for, immediately to notify the clerk of the school board of the payment 
of the same. 

§ 1220. County treasurer to keep accounts with the school corpo- 
ration.] Each county treasurer shall keep a regular account with each school 
corporation, in which he shall charge himself with all taxes collected by levy 
of the district school board and all sums apportioned to the district by the 
county superintendent or other authority and all sums received from the dis- 
trict, and he shall credit himself with all payments made to the treasurer of 
the district, distinguishing between the items paid by apportionment, those 
from county taxes and those from other sources. He shall also credit him- 
self with all payments for redemption or endorsement of warrants in the col- 
lection of taxes and shall deliver to the district treasurer a duplicate tax re- 
ceipt for the amount of each warrant so indorsed or redeemed, together with 
all warrants so redeemed at the time of making other regular payments to the 
district treasurer. To these credits, to balance the accounts, he shall add all 
items for legal fees, for collection and other duties. He shall annually on the 
first day of July file with the county superintendent of schools an itemized 
statement of all funds remitted by him during the preceding school year to 
each of the respective school district treasurers. On the same day he shall 
also send statement to each of such treasurers itemizing the payments made 



34 GBNEEAL SCHOOL LAWS 



by him during such time to such respective treasurers. Also, he shall, on the 
same day, send to each district clerk a copy of the statement which he sends 
to the trrasurer of that district. 

§ 122L School taxes, how and when collected.] It shall be the duty 
of the county treasurer to collect the taxes for school purposes at the same time 
and in the same manner that the county and state taxes are collected, and full 
power is hereby given him to sell property for school taxes the same as is pro- 
vided by law for the collection of other taxes, whenever an error occurs in the 
tax list of any school district, the school board or board of education in special 
or independent districts or districts organized under special laws may correct 
such errors and refund such taxes improperly collected. All penalties and in- 
terest collected on delinquent school taxes shall be applied to the proper fund 
to which sTich delinquent taxes belong. 

§ 1222. School board to levy tax.] Each district school board shall have 
power and it shall be its duty to levy upon all property subject to taxation in 
the district, a tax for school purposes of all kinds authorized by law, not ex- 
ceeding in the aggregate a rate of thirty mills on the dollar in any one year; 
provided, that such board may in addition thereto whenever there are past 
due warrants outstanding in said district levy not to exceed fifteen mills ad- 
ditional in any one year; provided, further, the provisions of this section shall 
apply only to payment of warrants issued for a legal purpose and outstanding 
on July 1st, 1915. Such tax shall be levied by resolution of the board prior 
to the twentieth day of July of each year, which resolution shall be entered 
in the records of the proceedings of the board. The clerk shall immediately 
thereafter notify the county auditor in writing of the amount of tax levied, 
and such notice shall be substantially the following form: 

State of North Dakota, ) 

) ss. 

County of ) 

School District. 



To : County Auditor of 

: County: 

Sir: 

You are hereby notified that the school board of 

school district... ..has levied a tax of dollars 

upon all real and personal property in said school district for school purposes. 
You will duly enter and extend such tax upon the county tax list for collection 
upon the taxable property of such school district for the current year. 

Dated at this day of 

19 

District Clerk. 

§ 1223. Levy to pay judgment.] The notice of a tax levy to pay any 
judgment against the district shall be in addition to the regular tax and shall 
be certified to the county auditor under the same general form, as near as may 
be; provided, that if the boundaries of such district shall embrace a portion 
of two counties then the clerk of such district shall certify to the county audi- 
tor of the county in which is located the original district to which such por- 



STATE OF NOETH DAKOTA 35 



tions of the district embraced in the other county is attached, in addition to 
the tax levy above mentioned, a list and valuation of all property subject to 
taxation in such portion of such district embraced in the other county, as shown 
by the assessor making the assessment in such county, township or assessor's 
district, and the auditor shall enter such property upon the tax duplicate of 
his county and levy all school taxes upon the same, and the county treasurer 
of the county shall collect the taxes levied thereon the same as other taxes are 
collected and pay the same over as provided by law. 

§ 1224. Tax, how levied.] The county auditor of each county shall at 
the time of making the annual assessment and levy of taxes levy a tax of one 
dollar on each elector in the county for the support of public schools, and a 
further tax of two mills on the dollar on taxable property in the county, to be 
collected at the same time and in the same manner as other taxes are collected, 
which shall be apportioned by the county superintendent of schools among 
the school districts of the county. 

§ 1225. How APPORTIONED.] It shall be the duty of the county auditor 
on or before the third Monday in February, May, August, and November in 
each year, to certify to the county superintendent of schools the amount of 
such county tuition fund, which the county superintendent of schools shall 
apportion among the several school districts in the same manner as provided 
for the apportionment of the state tuition fund. The county superintendent 
shall file with the county auditor and the county treasurer a certified statement 
showing the amount apportioned to each district. 

§ 1226. Apportionment of delinquent taxes.] It shall also be the duty 
of the county auditor to certify at the time herein specified the amount of de- 
linquent taxes collected for the special tuition fund prior to those levied for 
the year 1899 which amounts shall be apportioned by the county superintend- 
ent of schools as herein provided. 

§ 1227. Maximum levy for final judgment. Taxes to be uniform.] 
When any final judgment shall be obtained against a school district the board 
thereof shall levy a tax upon the taxable property of such district not exceeding 
in amount twenty mills on the dollar in any one year, which shall be used in 
the payment thereof. The county auditor shall make out, charge and extend 
upon the tax list against each description of real property and against all per- 
sonal property, and upon all taxable property of the district, all such taxes 
for school and judgment of which he has been notified, have been levied by the 
district in which the property is situated and taxable, in the same manner in 
which the county and state tax list is prepared, and deliver it to the county 
treasurer at the same time. All taxes for school purposes shall be uniform 
upon the property within each school district. 

§ 1228. Indebtedness of district. How adjusted when no legal school 
board exists.] If any school district in the state has for one or more years 
past, either through failure to elect a school board or through a failure of the 
county superintendent to appoint a school board, been without a legal school 
board or if hereafter any school district through such failure to elect or ap- 
point such school board shall be without such legal school board and such dis- 
trict shall have an authorized indebtedness either in bonds, interest due on 
bonds or otherwise, it shall be the duty of the county superintendent, the coun- 
ty treasurer and county auditor, acting as a board of adjusters, to assess upon 



36 GENEEAL SCHOOL LAWS 



the taxable property of such school corporation a tax not to exceed twenty 
mills on the dollar in any one year upon the assessed valuation thereof for the 
payment of the same. Which tax so levied shall be extended upon the tax lists 
by the county auditor and be collected and shall be applied upon and used 
for the payment of such indebtedness and shall be paid to the creditors of 
such district upon the warrant of the county auditor, countersigned by the 
county superintendent, and all warrants, bonds, interest coupons, receipted 
bills or accounts shall be filed in the office of the county auditor, and in the 
case such school corporation has a bonded indebtedness, it shall be the duty of 
such board of adjusters to levy a tax upon the property of such district suf- 
ficient to create a sinking fund for the redemption of such bonds upon the ma- 
turity of the same, such sinking fund to be levied and provided for in compli- 
ance with the requirements of such bonds. 

ARTICLE 9.— SPECIAL DISTRICTS. 

§ 1229. Cities governed by the provisions of this article.] All cities 
and incorporated towns and villages which have heretofore been organized 
under the general school laws, and which are provided with a board of educa- 
tion, shall be governed by the provisions of this article. Any city, or incor- 
porated, or platted town or village, may be constituted a special school dis- 
trict in the manner hereinafter prescribed, and shall then be governed by the 
provisions of this article; provided, that any city heretofore organized for 
school purposes under a special act, may adopt the provisions of this article 
by a majority vote of the voters therein, in the same manner as is provided 
for the organization of a new corporation under the provisions of this article. 

§ 1230. Special school districts.] Whenever any platted or incorporat- 
ed city, town or village shall constitute a portion of a school district, it may be 
organized into a special school district, alone or with contiguous territory, and 
the property and indebtedness of such organized school district divided as here- 
inafter provided. 

§ 1231. Superintendent shall call election on petition. When.] In 
such cases a petition signed by a majority of the voters of such school district, 
including women who are legal voters, may be presented to the county super- 
intendent of schools for the division of such school district and the organiza- 
tion of such city, town or village, together with such territory contiguous there- 
to as may be described in said petition, into a special school district, and setting 
forth in detail the boundaries of such proposed special district, the manner 
and terms of the division of the property, real and personal, and the indebted- 
ness, bonded or otherwise, of such school district as desired by the petitioners, 
and thereupon such superintendent shall within five days call an election to 
be held in such proposed special district, incorporated city, town or village, 
and an election to be simultaneously held in that portion of such school dis- 
trict, situated outside of such proposed special district, city, town or village. 

§ 1232. Notice given, election. How held.] Such superintendent shall 
cause notice of each of such elections to be given by publishing notices thereof, 
stating the time and place of holding such elections, in a newspaper, published 
in such school district (if any), and if there is no newspaper published in such 
school district, then by posting three notices of the election to be held, in such 



STATE OF NORTH DAKOTA 37 



proposed special school district, city, town or village, and in three public places 
in said district outside of such proposed special school district, city, town or 
village. Such notices shall be posted or published not less than fourteen days 
before such election. Such superintendent shall appoint judges and clerks 
of such elections and the same shall be held and conducted in the same man- 
ner, and the polls shall be opened at the same time as in other school district 
elections, and the result of such elections shall be certified and delivered to 
such superintendent within three days after the close of the polls. 

§ 1233. Ballots. How printed.] There shall be printed or written on 
the ballots used at such election the following statement: "For division 
of (here state the name of the district to be divided) and the division of 
its property and debts as follows: (here state the boundaries of the proposed 
special school district and the manner and terms of such division as set forth 
in the petition filed)." The voter shall write after such statement the word 
"yes" if in favor of such division, and the word "no" if against it. 

§ 1234. Superintendent shall notify president of school board.] 
Such superintendent shall thereupon forthwith notify the president of the school 
board of such school district and the auditor or clerk of such city, town or vil- 
lage, of the result of such elections. 

§ 1235. Districts constituted.] If such elections shall each be in favor 
of the division of such school district, such proposed special school district, 
city, town or village shall thereafter constitute a special school district; and 
such original school district situated outside of such special school district, city, 
town or village, shall constitute a common school district. 

§ 1236. Election for special district and common district.] The 
county superintendent shall thereupon call an election for the election of of- 
ficers of such special school district and common school district, of which elec- 
tion notice shall be given for at least fourteen days; such elections shall be held 
as in other cases, in common school districts and special school districts, and 
such special school district shall thereafter be subject to all provisions of law 
affecting other school districts. ^r ^ 

§ 1237. Division of property.] Such school district and such special 
school district shall thereupon proceed to divide the property of such original 
school district according to such petition and shall be bound respectively to 
pay the indebtedness of such district as provided in such petition, and may make 
any contracts or conveyances necessary to carry into effect all the provisions 
of such petition. 

§ 1238. Bonded indebtedness. Tax to be levied to pay.] In case 
such original school district shall have outstanding any bonded debt for the 
payment of which no sufficient levy of taxes has been made, the board of educa- 
tion of such special school district and the school board of such school district, 
shall at the time of making the next annual tax levy, levy a tax sufficient to 
pay the interest and also the principal of so much of such bonded debt as shall 
be assumed by said special school district and such common school district 
respectively as the same mature, and shall designate the amount of such tax 
to be collected in each year thereafter, and shall certify such levy to the county 
auditor, who shall thereupon enter and extend upon the tax list in each year 
the amount of such tax to be collected in that year. 

§ 1239. Bonded debt. Special school district and common school 



38 GENEEAL SCHOOL LAWS 



DISTRICT TO PAT.] Sucli spccial school district and such common school dis- 
trict shall provide for and pay according to the terms of the bonds, such por- 
tion of bonded debt as is assumed by it. 

§ 1240. Adjacent territory. How attached for school purposes.] 
When any special school district has been organized and provided with a board 
of education under any general law, or a special act, or under the provisions 
of this article, territory outside the limits thereof but adjacent thereto may 
be attached to such special school district by the board of education thereof, 
upon application in writing signed by a majority of the voters of such adja- 
cent territory; provided, that no territory shall be annexed which is at a greater 
distance than three miles from the central school in such special district, except 
upon petition signed by two-thirds of the school voters residing in the terri- 
tory which is at a greater distance than three miles from the central school 
in such special district; and upon such application being made, if such board 
shall deem it proper and to the best interests of the school of such corporation 
and of the territory to be attached, an order shall be issued by such board at- 
taching such adjacent territory to such corporation for school purposes, and the 
same shall be entered upon the records of the board. Such territory shall from 
the date of such order be and compose a part of such corporation for school pur- 
poses only. Such adjacent territory shall be attached for voting purposes 
to such corporation, or, if the election is held in wards, to the ward or wards 
or election precinct or precincts to which it lies adjacent; and the voters there- 
of shall vote only for school officers and upon such school questions; provided, 
that nothing in this act shall prevent any such adjacent territory from being 
annexed because of such adjacent territory being in an adjoining county, and 
provided, that the county commissioners may detach any part of such adjacent 
territory which is at a greater distance than three miles from the central school in 
such special district and attach it to any adjacent common or special 
school district or districts upon petition to do so, signed by three-fourths 
of the legal voters of such adjacent territory; provided, further, that 
in all cases fourteen days' notice of a hearing before the board shall be given, 
by publication in the nearest newspaper and posted notices in conspicuous 
places, three in the special district, three in the territory sought to be 
annexed, and three in the district remaining from which the territory shall 
be taken. And such territory shall not beconiie a part of the special district 
until five days after such hearing, upon order of the board as hereinbefore pro- 
vided; and all assets and liabilities shall be equalized according to section L327. 

§ 124L Name of body corporate.] Every such district shall be a body 
corporate for school purposes by the name of "The Board of Education of the 

city, town or village (as the case may be) of (here 

insert the corporate name of the city, town or village) of the State of North 
Dakota," and shall possess all the powers and duties usual to corporations for 
public purposes or conferred upon it by this article or which may hereafter 
be conferred upon it by law; and in such name it may sue and be sued, contract 
and be contracted with, and hold and convey such real and personal property 
as shall come into its possession by will or otherwise; and it shall procure and 
keep a corporate seal by which its official acts may be attested. 

§ 1242. Conveyance of school property. How executed.] Any such 
city or incorporated town or village is authorized and required upon the re- 



STATE OF NORTH DAKOTA 39 



quest of the board of education, to convey to such board of education all prop- 
erty within the limits of any such corporation heretofore purchased by it for 
school purposes and now held and used for such purposes, the title to which 
is vested in any such civil corporation. All conveyances for such property 
shall be signed by the mayor or president of the board of trustees or commis- 
sion and attested by the clerk of such corporation, and shall have the seal of 
the corporation affixed thereto and be acknowledged by the mayor or president 
in the same manner as other conveyances of real estate. 

§ 1243. Special school districts. How organized.] When a petition 
signed by one-third of the voters of a city, incorporated or platted town or 
village, or a school district in which is located a city or incorporated or platted 
town or village entitled to vote at such election, is presented to the council, 
commission or board of trustees of such city, incorporated or platted town or 
village or school district, asking that such city, incorporated or platted town 
or village or school district be organized as a special school district, such coun- 
cil, commission or board of trustees shall within ten days order an election for 
such purpose, notice of which shall be given, and the election conducted and 
the returns made in the manner provided by law for the annual school election; 
and the voters of such city, incorporated town or village or school district shall 
vote for or against organization as a special school district at such election. 

§ 1244. Election of first board of education.] If a majority of the 
votes cast at such election is for organization as a special school district, an- 
other election shall be called in the same manner as prescribed in the foregoing 
section, at which the voters of such city, incorporated town or village or school 
district shall elect five members of the board of education, two of whom shall 
serve until the first annual election, two until the second annual election, and 
one until the third annual election thereafter, and until their successors are 
elected and qualified, and their respective terms shall be determined by lot. 

§ 1245. Terms of office. Quorum.] The board of education of each 
special district shall consist of five members who shall be elected by the legal 
voters thereof and who shall hold their office for the term of three years and 
until their successors ai-e elected and qualified, except as provided for first elec- 
tions under this article; and three members shall constitute a quorum for the 
transaction of business at any legal meeting. 

§ 1246. Compensation of members. Must not be interested in con- 
tracts.] Each member of such board of education shall receive a compensa- 
tion of one dollar and fifty cents for each meeting of such board actually attend- 
ed by him; provided, that no compensation shall be allowed for more than one 
meeting in each calendar month. The members shall not be interested, di- 
rectly or indirectly, in any contract for making any improvements or repairs, 
or for erecting any building or for furnishing any materials or supplies for their 
district. 

§ 1247. Meetings of board.] The annual meeting of such board of ed- 
ucation shall be held on the second Tuesday in July following the annual elec- 
tion, at which time the newly elected members shall assume the duties of their 
office. The board shall meet for the transaction of business as often as once 
in each calendar month thereafter and may adjourn for a shorter time. Spe- 
cial meetings may be called by the president or in his absence by any two mem- 
bers of the board or by giving a personal notice to each member of the board 



40 GENEEAL SCHOOL LAWS 



or by causing a written or printed notice to be left at his place of residence, 
at least forty-eight hours before the time of such meeting. 

§ 1248. Organization of board ] At the annual meeting on the second 
Tuesday in July of each year such board of education shall organize by elect- 
ing a president from among its members, who shall serve for one year, and they 
shall also appoint a clerk and a treasurer, not of their own number, who shall 
hold their offices during the pleasure of the board and receive such compensa- 
tion for their services as shall be fixed by the board. In the absence of the 
president at any meeting a president pro tempore may be elected by the board. 

§ 1249. Duties of president.] The president shall preside at all meet- 
ings of the board, appoint all committees whose appointment is not otherwise 
provided for and sign all warrants ordered by the board to be drawn upon the 
treasurer for school moneys and perform other acts required by law. 

§ 1250. Duties of clerk. Records.] The clerk shall keep a true rec- 
ord of all the proceedings of the board, take charge of its books and documents, 
countersign all warrants for school moneys drawn upon the treasurer by order 
of the board and affix the corporate seal thereto and perform such other duties 
as the board may require. The records, books, vouchers and papers of the board 
shall be open . to examination by any taxpayer of the district. Such rec- 
ord or a transcript thereof certified by the clerk and attested by the seal of the 
board, shall be received in all courts as prima facie evidence of the facts therein 
set forth. 

§ 1251. Powers and duties of board.] Each board of education shall 
have the power and it shall be its duty: 

1. To establish a system of graded common schools which shall be free to 
all children of legal school age, residing within such special district, and shall 
be kept open not less than seven nor more than ten months in any year. 

2. To establish and maintain such schools in its city, town or village, as 
it shall deem requisite or expedient and to change or discontinue the same. 

3. To establish and maintain a high school, whenever in its opinion the 
educational interests of the corporation demand the same, in which such courses 
of study shall be pursued as shall be prescribed or approved by the superin- 
tendent of public instruction, together with such additional courses as such 
board of education may thereafter deem advisable to establish. 

4. To purchase, sell, exchange and hire school houses and rooms, lots or sites 
for school houses, and to fence and otherwise improve them as it deems proper. 

5. Upon such lots and upon such sites as may be owned by such special 
district, to build, alter, enlarge, improve and repair school houses, out houses 
and appurtenances as it may deem advisable. 

6. To purchase, sell, exchange, improve and repair school apparatus, text 
books for the use of the pupils, furniture and appendages, and to provide fuel 
for the schools. 

7. To have the custody of all school property of every kind and to see that 
the ordinances and by-laws of the city or village in relation thereto are ob- 
served. 

8. To contract with, employ and pay all teachers in such schools and to 
dismiss and remove for cause any teacher whenever the interests of the school 
may require it; but any such teacher shall be required to hold a certificate to 
teach, issued by the county superintendent or the superintendent of public 



STATE OF NORTH DAKOTA 41 



instruction, and if any such teacher holds only an elementary certificate the 
board may impose such further requirements as the best interests of the several 
grades may require. No person who is related to any member of the board, 
by blood or marriage, shall be employed as a teacher without the concurrence 
of the entire board. 

9. To employ, should it deem expedient, a competent and discreet person 
as superintendent of schools for a period not to exceed three years, and to pay 
such person a reasonable salary; such superintendent may be required to act 
as principal or teacher in such school. 

10. To defray the necessary and contingent expenses of the board, includ- 
ing the compensation of its clerk. 

11. To adopt, alter and repeal, whenever it may deem expedient, rules and 
regulations for the reception, organization, grading, government and instruc- 
tion of pupils, their suspension, expulsion or transfer from one school to an- 
other. But no pupil shall be suspended or expelled except for insubordination, 
habitual indolence or disorderly conduct; such suspension shall not be for a 
longer period than ten days, nor such expulsion beyond the end of the current 
term of school. 

12. Each member shall visit, at least twice in each year, all the public schools 
in the city or village. 

13. To make a report on July 1st, or as soon thereafter as practicable, of 
the progress, prosperity and condition, financial as well as educational, of all 
the schools under its charge, a copy of which, together with such further in- 
formation as shall be required by the superintendent of public instruction, 
shall be forwarded to the county superintendent, the same as reports are made 
by other school districts; and such report or such portion thereof as the board 
of education shall consider advantageous to the public, shall be published in 
a newspaper in the city or village, and in cities of over eight hundred inhab- 
itants it may be published in pamphlet form. 

14. To admit children of persons not living in such special district, and 
to fix and collect tuition therefor, if in its judgment the best interests of the 
school will permit. 

15. To cause an enumeration to be made annually, of the children of school 
age within such special district, including those residing in any territory there- 
to attached for school purposes, as provided for other school districts, and re- 
turn the same to the county superintendent. 

§ 1252. School xjndeb supervision of whom.] The schools of each spe- 
cial district shall be under the immediate supervision of the board of education 
or the school superintendent appointed by such board, provided that where no 
superintendent is appointed by the board, the schools of such district shall 
be under the supervision of the county superintendent of schools in the same 
manner as are the schools of a common school district. 

§ 1253. Treasurer, custodian of school moneys.] All moneys from 
whatever source, which the board of education of any special district shall by 
law be authorized to receive, shall be paid over to the treasurer of the said board 
and he shall charge the same to the proper fund. 

§ 1254. Treasurer.] The treasurer of any city, town or village compris- 
ing a special district shall be treasurer of the board of education thereof; pro- 
vided, however, should the said special school district have within its bounda- 



42 GENERAL SCHOOL LAWS 



ries and be comprised partly of territory without the Hmits of said city, town 
or village, then the said special school district shall elect, at its regular elec- 
tions, a treasurer in the manner provided by law for the election of school dis- 
trict treasurer. 

§ 1255. Treasurer. Duties of.] The treasurer of each board of educa- 
tion shall keep a true account of the receipts and expenditures of the various 
funds separately, and shall prepare and submit in writing a quarterly report 
of the state of the finances of the district, and shall, when required, produce 
at any meeting of such board, or any committee appointed for the purpose 
of examining his accounts, all books and papers pertaining to his office. He 
shall safely keep in his possession or under his control all school moneys com- 
ing into his hands, and shall pay out such moneys only upon a warrant signed 
by the president, countersigned by the clerk and attested by the corporate 
seal of the board. 

§ 1256. Treasurer's bond. J The treasurer of the board shall execute a 
bond to such board, with sufficient sureties to be approved by the board, in 
such sum as such board may from time to time require, as near as can be as- 
certained in double the amount of the moneys likely to come into his hands, 
conditioned for the faithful discharge of his duties as treasurer; which bond shall 
be in addition to his bond to the city, town or village. In case of the failure 
of the city, town or village treasurer to give such bond within ten days after 
being required so to dp by such board of education, such treasurer's office shall 
become vacant and the council or board of trustees of such city, town or village 
shall appoint another person to his place, who shall give such additional bonds. 

§ 1257. Taxable property.] The taxable property of the whole school 
corporation including the territory attached for school purposes shall be sub- 
ject to taxation. All taxes collected for the benefit of the school shall be paid 
in money, and shall be placed in the hands of the treasurer, subject to the or- 
der of the board of education. 

§ 1258. Annual school tax.] The board of education shall on or before 
the twentieth day of July of each year levy a tax for the support of the schools 
of the corporation, including any expenditures allowed by law, for the fiscal 
year next ensuing, not exceeding in any one year thirty mills on the dollar on 
all the real and personal property within the district which is taxable accord- 
ing to the laws of this state, the amount of which levy the clerk of the board 
shall certify to the county auditor, who is authorized and required to place 
the same on the tax roll of such county to be collected by the county treasurer 
as other taxes and paid over by him to the treasurer of the board of education, 
of whom he shall take a receipt in duplicate, one of which he shall file in his 
office and the other he shall forthwith transmit to the clerk of the board of ed- 
ucation. Provided, however, that in districts having a high school an addi- 
tional tax of ten mills on the dollar may be levied if a majority of the school 
voters of such district annually authorize such levy at the annual school elec- 
tion. Notice that the question of levying such additional tax will be voted 
on at the election, shall be given by posting or publishing the same in the manner 
provided for the giving of notice of the election of the board of education in 
section 1263 of the Compiled Laws of North Dakota for the year 1913. The 
levy of this additional tax, if authorized by the voters as aforesaid, shall be 
made by a resolution of the board prior to the twentieth day of July. 



STATE OF NORTH DAKOTA 43 



§ 1259. Expenditures. Contracts.] No expenditures involving an 
amount greater than one hundred dollars shall be made except in accordance 
with the provisions of a written contract, and no contract involving an expend- 
iture of more than five hundred dollars for the purpose of erecting any pub- 
lic buildings or making any improvements shall be made except upon sealed 
proposals and to the lowest responsible bidder, after public notice for fourteen 
days previous to receiving such bids. 

§ 1260. Board assumes control after equalization of debts and 
PROPERTY.] When any board of education shall be organized under the pro- 
visions of this article, it shall, after the equalization hereinafter provided for, 
assume control of the schools of the city, town or village, and shall be entitled 
to the possession of all property of the former district or districts or parts there- 
of lying within such city, town or village, for the use of schools. Such board 
shall also be entitled to its due proportion of all moneys on hand and taxes al- 
ready levied but not collected, and shall be liable for a proper amount of the 
debts and liabilities of such former district, to be determined in the manner 
provided in this chapter for the equalization, determination and division of 
debts, property and assets of school districts consolidated or divided. 

§ 1261. Special district may become part of common school district, 
when.] Any special district organized under the general school laws and pro- 
vided with a board of education may become a part of the common school dis- 
trict in which it is located, whenever it is so decided by a majority vote of the 
school electors of the city, town or village and of such common school dis- 
trict voting at an election called for that purpose. An (election) for such pur- 
pose shall be ordered and proper notice thereof given by the board of educa- 
tion of the special district, and the school board of such common school district 
in the same manner as is required for the election of school officers in such district, 
when petitioned by one-third of the voters resident in such district; and when so 
united the determination and division of the debts, property and assets shall be 
made by arbitration as provided in this chapter for school districts 
consolidated or divided. Villages not incorporated but heretofore organ- 

ized under the general school laws and provided with a board of education 
shall become a part of the school district in which they are located and the 
determination and division of the property, debts and assets shall be made 
by arbitration as aforesaid. 

§ 1262. Election of boards of education in special districts.] On 
the first Tuesday in June, each year, an election shall be held in each special 
district at which such members of the board of education shall be elected at 
large as shall be necessary to fill all vacancies therein caused by expiration of 
terms of office or otherwise, and each member elected shall serve for a term of 
three years commencing on the second Tuesday in July following his election 
and until his successor is elected and qualified except when elected to serve 
an unexpired term. The polls shall be open at 9 o'clock a. m. and kept open 
until 4 o'clock p. m. on the day of such election. 

§ 1263. Notice of election.] Such election shall be called by the board 
of education of such special district, which shall cause notice thereof to be post- 
ed or published as required by law for the annual election of civil officers in the 
city, town or village comprising such special district; such notice shall be signed 
by the clerk, or, in his absence, by the president of the board of education of 



44 GENERAL SCHOOL LAWS 



such district, and shall state the time and place of holding such election and 
what officers are to be elected and their terms. 

§ 1264. Notice of election. Form of.] Such notice shall be in sub- 
stantially the following form: 

Notice is hereby given that on Tuesday, the.... day of June, A. D. 

an annual election will be held at.. ...(here 

insert polling place) for the purpose of electing the following members of the 

board of education. (here insert terms for 

which they are to be elected), for the city, town or village __ 

(here insert name), and the polls will be open at nine o'clock a. m., and closed 
at four o'clock p. m. of that day. 

By order of the Board of Education. 

Signed Clerk. 

§ 1265. Candidates. Official ballot.] Any person desiring to be a can- 
didate at such election shall file his or her name with the clerk not less than 
five days before such election, stating what position he or she desires to be a 
candidate for. At least three days before such election the clerk shall pre- 
pare and have printed an official ballot containing all the names filed as here- 
inbefore provided. Such ballot shall be headed "Official Ballot," shall con- 
tain the name of the district and the date of such election, shall be non-partisan, 
and state the number of persons to be voted for for each office, shall contain 
blank spaces below for writing in other names. Provided, nothing herein shall 
prevent any person desiring to be a candidate at such election and who failed 
to file as hereinbefore provided, from providing stickers to be attached to the 
official ballot by the voter, such stickers to be not over one-half inch in width 
and have printed thereon one name only. 

§ 1266. The provisions of sections 640, 641, 644, 648, 649 and 681 of the 
Revised Codes of 1905, and of sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 
20, and 21 of chapter 129 of the Session Laws of 1911, shall apply to elections 
held under the provisions of sections 1264 and 1265. 

§ 1267. Election precincts and officers of election.] At least four- 
teen days prior to such election the board of education of each special district 
shall designate one polling place and appoint two persons to act as judges and 
two persons to act as clerks. Before opening the polls each of such judges 
and clerks shall take an oath that he will perform his duties as judge or clerk 
(as the case may be) according to law and to the best of his ability, which oath 
may be administered by any officer authorized to administer oaths or by either 
of said judges or clerks to the others. 

§ 1268. Canvass of returns.] Such election shall be conducted, the 
votes canvassed in the manner provided by law for election of county officers, 
and returns shall be made showing the number of votes cast for each person 
for any office, which shall be signed by the judges and clerks of election, and 
the person receiving the highest number of votes for each office in the district 
shall be declared elected, and the returns shall be filed with the clerk of the 
board of education within two days thereafter. 

§ 1269. Certificates of election.] The clerk of the board shall give to 
each person elected at such election a certificate stating that he was duly elected 
as a member of the board of education and the time he is to take the oath and 
enter upon the duties of his office. Such clerk shall also, within five days, cer- 



STATE OF NOETH DAKOTA 45 



tify to the county superintendent of schools the persons so elected and their 
terms. 

§ 1270. Oath of office.] Before entering upon the duties of his office 
each person elected or appointed as a member of the board of education shall 
take the oath or afiBrmation prescribed in section 211 of the Constitution, which 
oath shall be filed with the clerk of the board. 

§ 1271. Vacancies. How filled.] The board of education of each city, 
town or village shall have power to appoint a person to fill any vacancy 
which may occur in the board; and such appointee shall hold his office until the 
next annual school election, at which time a person shall be elected to serve 
for the unexpired term; but if such vacancy shall occur within ten days before 
an annual election, such appointee shall hold office until the annual election 
in the following year. When any such appointment shall be made the clerk 
shall certify the same to the county superintendent. 

§ 1272. Bonds, how and when issued.] Whenever the taxes authorized 
by law shall not be sufficient or shall be deemed by the board of education to 
be burdensome, bonds may be issued and negotiated for the purpose of rais- 
ing money to purchase a site or to erect suitable buildings thereon, or to fund 
any outstanding ' indebtedness, or for the purpose of taking up any outstand- 
ing bonds of the school corporation: provided, that the issuance of such bonds 
shall first be authorized by the voters of such special district as hereinafter 
prescribed. Such bonds shall be signed by the president and clerk and at» 
tested by the corporate seal of the board, shall bear the date of their issue, and 
be payable in not less than five nor more than twenty years from their date, 
at such place as shall be designated upon their face. 

§ 1273. Denomination of bonds.] The denominations of the bonds which 
may be issued under the provisions of this article shall be fifty dollars or some 
multiple of fifty, and shall bear interest at not more than five per cent, per an- 
num, payable semi-annually on the first day of January and July in each year, 
shall show upon their face that they are issued for school purposes, and shall 
be sold at not less than par. Each bond shall have endorsed thereon the cer 
tificate of the clerk stating that such bond is issued pursuant to law and is within 
the debt limit prescribed by the Constitution. 

§ 1274. Bonds. Election fob issuing.] Before issuing any such bonds 
the board of education shall call an election for the purpose of submitting to 
the voters of the district the question of issuing such bonds, notice of which 
shall be given in the manner prescribed by law for giving notice of the annual 
election for the several officers of the city, town or village comprising such spe- 
cial district, except that such notice shall be given fourteen days before such 
election. Such election shall be conducted and the returns made in the manner 
provided for the annual election of members of the board of education and may 
be held at the time of the annual school election or at any other time named in 
such notice. The notice of such election shall clearly state the amount of the 
bonds proposed to be issued, the time in which they shall be made payable, 
the purpose for which they are to be issued, and the time and place such elec- 
tion will be held. At such election the voters shall have written or printed 
on their ballots "for issuing bonds" or "against issuing bonds," and if a major- 
ity of the votes cast is for issuing bonds such bonds shall be issued and negoti- 
ated by such board of education, but if a majority thereof is against issuing 



46 GENEEAL SCHOOL LAWS 



bonds such bonds shall not be issued, nor shall the question be again submit- 
ted for one year thereafter except for a different amount and then only upon 
a written petition of a majority of the^voters of the district. 

§ 1275. Bonds to specify what. Debt limit.] The bonds, the issuance 
of which is provided for in the foregoing section, shall specify the rate of in- 
terest and the time when the principal and interest shall be paid; and no dis- 
trict shall issue bonds in pursuance of this article in a sum greater than five 
per cent, of its assessed valuation, including other debts. 

§ 1276. Levy for interest and sinking fund.] The board of education 
at the time of its annual tax levy for the support of schools shall also levy a 
suflB.cient amount to pay the interest as the same accrues on all bonds issued 
under the provisions of this article, and also to create a sinking fund for the re- 
demption of such bonds, which it shall levy and collect in addition to the rate 
per cent, authorized by the provisions aforesaid for school purposes, and such 
amount of funds when paid into the treasury shall be and remain a special fund 
for such purpose only, and shall not be apportioned in any other way except 
as hereinafter provided. At or before the issuance of any bonds as herein pro- 
vided the board shall by resolution provide for such annual levy to pay the 
interest and to create such sinking fund, and such resolutions shall remain in 
force until all such bonds and the interest thereon shall have been paid. 

§ 1277. Investment of sinking funds. [School districts.] All moneys 
raised for the purpose of creating a sinking fund for the final redemption of all 
bonds issued under article 14 of chapter 12 of the Political Code of the state shall 
be invested annually by the board of education of any special school district 
in this state as follows, viz: 

1. In the bonds of this state or of the United States. 

2. A special school district board may designate one or more national or 
state banks in the county where such special school district is situated, as a 
depositary for such sinking fund, and in such case the school board shall ad- 
vertise for at least fourteen days in some newspaper printed within the limits 
of said special school district, if there be one, if not, in the county where said 
school district is situated, for sealed proposals for the deposit of the sinking 
fund of such school district, reserving the right to reject any and all bids, and 
satisfying itself of the responsibility of all banks proposing to act as depositaries. 
Before any bank shall be designated as such depositary, it shall present to the 
school board a sealed proposal stating in writing what rate of interest will be 
paid for the deposit of such sinking funds, and shall submit to the board for 
its approval a bond payable to the special school district conditioned for the safe 
keeping and repayment of any funds deposited in such bank, which bond shall 
be signed by not less than three freeholders of this state as sureties or some 
surety bond company qualified to do business in this state, and such bond to 
be in the sum required by the school board and in no case to be less than double 
the probable amount of the funds to be deposited in such bank. The approval 
of such bond shall be endorsed thereon by the board and deposited with the 
county auditor, and any bank whose bond shall have been so approved shall 
thereupon be designated by the school board as a depositary for the sinking 
fund, and shall continue as such until such time as the board shall direct the 
withdrawal of such funds or until such funds are needed for the payment or 
the purchase of bonds as provided in this act. When the sinking fund of any 



STATE OF NORTH DAKOTA 47 



special school district is deposited by the treasurer of the board of education 
of said school district in the name of the school district in such depositary, such 
treasurer and his sureties shall be exempt from all liability thereon by reason 
of loss of any such funds from the failure, bankruptcy or any other act of any 
such bank, to the extent only of such funds in the hands of such bank or banks 
at the time of such failure or bankruptcy. Such depositary shall furnish to 
the clerk of the board of education of such special school district prior to the 
fifth day of July of each year, a verified statement of the school district account 
with such depositary for the year ending June 30th, which statement shall 
show a credit to such deposit account of all sums of interest accruing on the 
sinking fund deposited. 

3. The board of education of any special school district may buy and can- 
cel the bonds of such district and pay for the same with the moneys in the sink- 
ing fund created to pay such bonds. 

4. In first mortgages on farm lands in this state only in the following man- 
ner, to-wit: 

(a) That said first mortgages and all of them shall run for a period of time 
not to exceed ten years and that the funds so invested shall bear interest at a 
rate not less than six per cent, per annum and such interest when paid shall be 
covered into and become a part of the said sinking fund. 

(b) First mortgage loans shall be made only upon cultivated lands within 
the state, and in no case on lands of which the appraised value is less than seven 
dollars and fifty cents per acre, and in sums not to exceed forty per cent, of 
the appraised valuation of such lands. Such appraisemnt to be made by the 
school board of such special school district or by some competent person desig- 
nated by them for that purpose. 

§ 1278. Satisfaction and foreclosure of mortgages.] All or any of said 
mortgages may be satisfied at any time after five years from the date when 
made on payment of the full amount due thereon, by any instrument in writing 
executed in the corporate name of the special school district which shall be the 
payee in all notes taken for loans as herein provided and the mortgagee in all 
mortgages taken. Such instrument to be executed and acknowledged in the 
same manner as is or may be provided by law for the execution and acknowledg- 
ment of transfers of real estate by corporations. Such mortgages may be fore- 
closed by advertisement or an action in the name of the special school district 
in any court of competent jurisdiction as is now or may be provided by law. 

§ 1279. Interest coupons.] When the interest coupons of the bonds here- 
inbefore authorized shall become due they shall be promptly paid by the treas- 
urer, upon presentation, out of any moneys in his hands collected for that pur- 
pose, and he shall indorse in red ink upon the face of such coupons the word 
"paid" and the date of payment and sign the initials of his name. 

§ 1280. Security for payment of bonds.] The school fund and property 
of such school corporation and territory attached for such purposes is hereby 
pledged to the payment of the interest and principal of the bonds mentioned 
in this article as the same may become due. 

§ 1281. Bond register.] The clerk of the board of education shall regis- 
ter in a book provided for that purpose the bonds issued under this article, 
and all warrants issued by the board, which register shall show the number, 
date and amount of such bonds and to whom payable. 



4,S GENEEAL SCHOOL LAWS 



§ 1282. Refunding bonds. Issuance of.] The board of education of 
any special or independent school district shall have power, wheneyer two-thirds 
of the members of such board shall deem it necessary for the best interests of 
such school district, to issue bonds for the purpose of refunding any outstand- 
ing bonds when the same become due. Such bonds shall be issued in denom- 
inations of fifty dollars or some multiple of fifty, and shall not exceed in amount 
the face value of the bonds they are issued to replace, and shall not bear a higher 
rate of interest than five per cent, per annum, payable semi-annually on the 
first day of January and July of each year, nor run for a longer period than twen- 
ty years. 

§ 1283. Bonds may be exchanged.] Such refunding bonds may be ex- 
changed at par for an equal amount of outstanding bonds or may be sold at 
not less than par value and the proceeds applied solely to the payment of the 
bonds to be refunded, except that any premium that may be received on the 
sale of such bonds shall be kept as a separate fund and used for the payment 
of the interest on such bonds. 

§ 1284. Issue of bonds. How governed.] In the issuance of such re- 
funding bonds the board of education shall be governed by the provisions of 
sections 1274 to 1280. 

§ 1285. Surplus funds. How transferred.] Any moneys remaining in 
the treasury of such school districts, appropriated or held for the purpose of 
paying such bonds so refunded, may, at the discretion of the board of educa- 
tion at any time within six months after such refunded bonds have been taken 
up and cancelled, be transferred to the building or contingent fund of such 
district. 

ARTICLE 10.— INDEPENDENT SCHOOL DISTRICTS. 

§ 1286. Independent school districts. How organized.] Any city 
heretofore organized for school purposes under a special law and provided with 
a board of education m'aj^ become incorporated as an independent school dis- 
trict under the provisions of this article in the manner following: Whenever 
one-eighth of the legal voters of such city voting at the preceding municipal 
election shall petition the mayor and council thereof to submit the question 
as to whether such city shall establish an independent school district under 
this article to a vote of the electors in such city it shall be the duty of such may- 
or and council to submit such question accordingly and to appoint a time and 
place or places at which such vote may be taken and to designate the persons 
who shall act as judges at such election, but such question shall not'be submitted 
oftener than once in two years. 

§ 1287. Notice of election.] The mayor of such city shall cause at least 
fourteen days' notice of such election to be given by publishing a notice there- 
of in one or more newspapers within such city, but if no newspaper is published 
therein, then by posting at least five copies of such notice in each ward or vot- 
ing precinct. 

§ 1288. Form of ballots. Returns.] The ballots to be used at such 
election shall be in the following form: "For establishing an independent 
school district," or "against establishing an independent school district." The 
judges of such election shall make returns thereof to the city council whose 



STATE OF NOETH DAKOTA 49 



duty it shall be to canvass such returns and cause the result of such canvass 
to be entered upon the records of such city. If a majority of the votes cast 
at such election shall be for establishing an independent school district, such 
independent school district shall henceforth be deemed to be organized under 
this article and the board of education then in office shall thereupon exercise 
the powers conferred upon the officers in this article until their successors are 
elected and qualified. 

§ 1289. Boundaries of independent districts.] All that portion includ- 
ed within the corporate limits of any city, together with the additions that 
are now or may be hereafter attached to such city limits shall be constituted 
and established an independent school district to be designated as the "Inde- 
pendent School District of the City of " and a board of 

education is hereby established for the same. 

§ 1290. Members of the board. How elected. Quorum and term of 
OFFICE.] - Such board shall consist of one member from each ward in the city, 
and when the city is divided into an even number of wards then such city shall 
elect one member of such board at large, and when such city is divided into 
an odd number of wards such city shall elect two members of such board at 
large. Such members shall hold their office for the term of three years and un- 
til their successors are elected and qualified. Provided, that at the first elec- 
tion in independent districts hpreafter organized members from even numbered 
wards shall be elected for a term of one year; and members from odd numbered 
wards for a term of two years; and members at large shall be elected for a term 
of three years. Provided, further, that in such cities as have been heretofore 
organized independent school districts that the term of office of members 
at large elected in 1912 shall be three years; that the term of office for mem- 
bers of said board from even numbered wards elected in 1912 be extended to 
two years from the date of their election; that the term of office of the mem- 
bers elected from odd numbered wards in 1911 shall remain two years, and 
that thereafter the term of office for all members shall be three years. A ma- 
jority of said board shall constitute a quorum. 

§ 1291. Date of election. Canvass of votes.] The election referred 
to in the foregoing shall be held on the third Monday in April of each year, 
at the usual polling place for municipal elections in each ward. The mayor 
shall have authority and is hereby empowered to appoint two judges and one 
clerk for such election, who shall open the polls at the hour of eleven o'clock 
in the forenoon and hold the same open until five o'clock in the afternoon of 
the same day. Such elections shall be conducted in all respects and the polls 
closed and votes canvassed in the same manner as municipal elections, and the 
judges shall have the same power and authority in all respects as the judges 
of election for municipal officers, and after the votes are canvassed the judges 
shall make their returns to the city clerk or auditor, as the case may be, within 
twenty-four hours after the polls are closed and the city council shall canvass 
such returns and declare the result within three days thereafter, which result 
shall be entered upon the records of the city, and it shall be the duty of the 
city clerk or auditor to issue certificates of election to the persons declared 
elected. The judges and clerks of election shall receive the same compensa- 
tion for their services as at municipal elections for mayor and aldermen. 

§ 1292. Vacancies, how filled.] If any vacancy occurs in the board 



50 GENEEAL SCHOOL LAWS 



for any cause, the remaining members thereof shall fill such vacancy by appoint- 
ment until the next annual election, and at such election a new member shall 
be elected to fill the unexpired term. 

§ 1293. Style and powers of board.] The board so elected shall be a 
body corporate in relation to all the power and duties conferred upon it by 
this article and shall be styled "The Board of Education of the Independent 

School District of the City of (here insert the name 

of the city,)" and as such shall have the power to sue and be sued, contract 
and be contracted with, and shall possess all the powers usual and incident 
to such bodies corporate, and such as shall be herein given, and shall procure 
and keep a corporate seal. At each annual meeting of the board the mem- 
bers thereof shall elect one of their number president of the board, and when 
he is absent a president pro tempore shall be appointed, who shall preside dur- 
ing such absence. The members so elected shall each qualify by taking the 
prescribed oath of office within ten days after receiving their certificates of 
election, and shall assume the duties of their office at the annual meeting of the 
board held on the first Tuesday in May of each year. 

§ 1294. Responsibility of board.] The members of the board shall re- 
ceive no compensation, nor be interested directly or indirectly in any contract 
for building or making any improvements or repairs provided by this chapter. 
They shall have the care and custody of all public property in such district 
pertaining to school purposes and the general management and control of all 
school matters. 

§ 1295. Meetings of board.] The regular meetings of the board shall 
be held on the first Tuesday of each month, and the board may hold special 
meetings upon notice. The regular meeting may be adjourned for any time 
shorter than one month. Special meetings may be called by the president 
or in case of his absence or inability to act, by any three members of the board 
as often as necessary by giving a personal notice in writing to each member 
of the board or by causing such notice to be left at his place of residence at least 
forty-eight hours before the hour of such special meeting. 

§ 1296. Secretary, duties of.] Such board shall appoint a secretary, 
who shall hold his office during the pleasure of the board and whose compensa- 
tion shall be fixed by the board. The secretary shall keep a record of the pro- 
ceedings of the board and perform such other duties as the board may pre- 
scribe. Such record, or a transcfipt thereof, certified by the secretary and at- 
tested by the seal of the board, shall be received in all courts as prima facie 
evidence of the facts therein set forth; and such records and all books, ac- 
counts, vouchers and papers of the board shall at all times be subject to inspec- 
tion by the members of such board or any committee thereof, or by any tax- 
payer of the district. For the purpose of economy the board may, if deemed 
advisable, appoint one of its own members secretary. The annual report of 
the secretary shall contain such items as may be required by the superintend- 
ent of public instruction. 

§ 1297. General powers of the board.] The board shall have power 
and it shall be its duty: 

1. To organize and establish such schools in the district as it shall deem 
requisite and expedient, and to change and discontinue the same. 



STATE OF NOETH DAKOTA 51 



2. To purchase, sell, exchange and lease school houses and rooms, lots or 
sites for school houses, and to fence and improve the same. 

3. To build, enlarge, alter, improve or repair school houses, outhouses and 
appurtenances as it may deem advisable upon lots and sites owned by the dis- 
trict. 

4. To purchase, sell, exchange, improve and repair school apparatus, books 
for indigent pupils, furniture and appendages and provide fuel for schools. 

5. To have the custody and safe keeping of the school houses, outhouses, 
books, furniture and appurtenances, and to see that the ordinances of the city 
council in relation thereto are observed. 

6. To contract with and employ a superintendent and all teachers in such 
schools for a period not to iexceed three years, and remove them at pleasure. 

7. To pay the salaries of such teachers out of the money appropriated and 
provided by law for the support of common schools in such district, so far as 
the same shall be sufficient, and the residue thereof from the money authorized 
to be raised by this article. 

8. To defray the necessary and contingent expenses of the board, includ- 
ing the compensation of the secretary. 

9. To have in all respects the superintendence, supervision and manage- 
ment of the public schools of such district and from time to time to adopt, alter, 
modify and repeal, as they may deem expedient, rules and regulations for their 
organization, grading, government and instruction, for the reception of pupils 
and their transfer from one school to another, for the suspension and expul- 
sion of pupils subject to the same restrictions as are contained in sub-division 
11 of section 1251, and generally for their good order, prosperity and utility. 

10. To prepare and report to the city council of the city such ordinances 
and regulations as may be necessary and proper for the protection, safe keep- 
ing, care and preservation of school houses, lots and sites and appurtenances 
and all the property belonging to the district connected with or appertaining 
to the schools within the city limits, and to suggest proper penalties for the vio- 
lation of such ordinances and regulations, and annually, on or before the first 
Monday in July, to determine and certify to the county auditor the rate of tax- 
ation in its opinion necessary and proper to be levied under the provisions of 
this article, for the year commencing on the first day of July thereafter, and 
also at any time to determine how many and what denomination of bonds shall 
be issued and sold to pay the extraordinary outlays required. 

§ 1298. Powers of board.] The board shall have power and it shall be 
its duty to levy and raise from time to time, by tax, such sums as may be de- 
termined by the board to be necessary and proper for any of the following pur- 
poses : 

1. To purchase, exchange, lease or improve sites for school houses. 

2. To build, purchase, lease, enlarge, alter, improve and repair school 
houses and their outhouses and appurtenances. 

3. To purchase, exchange, improve and repair school apparatus, books, 
furniture and appendages. 

4. To procure fuel, to pay janitors and defray the contingent expenses of 
the board, including the expenses of the secretary. 

5. To pay teachers' salaries after the apportionment of public moneys which 
may be by law appropriated and provided for that purpose. 



52 GENEEAL SCHOOL LAWS 



§ 1299. Visiting schools.] Each member of the board shall visit all the 
public schools in the district at least twice in each year of his oflScial term, and 
the board shall provide that each of the schools shall be visited by a commit- 
tee of three or more of their number at least once during such term. 

§ 1300. Non-resident pupils.] Such board of education shall have power 
to allow the children not resident in such district to attend the schools of such 
district under the control and care of such board, upon such terms f^s the board 
shall prescribe, fixing the tuition which shall be paid therefor. 

§ 1301. Collection of tax.] The tax to be levied and collected as afore- 
said by virtue of this article shall be collected in the same manner as other county 
taxes, and for that purpose the board of education shall have power to levy 
and cause to be collected such taxes as are herein authorized, and shall cause 
the amount for each purpose to be certified by the secretary to the county aud- 
itor in time to be added to and put upon the annual tax list of the county. 
And it shall be the duty of the county auditor to calculate and extend upon 
the annual assessment roll and tax list the tax so levied by such board, and such 
tax shall be collected as other county taxes are collected. 

§ 1302. Amount of tax limited.] The amount raised for teachers' sal- 
aries and contingent expenses shall be only such as together with the public 
moneys coming to such district from the state and county fund and other 
sources shall be sufBcient to maintain efficient and proper schools in such dis- 
trict. The taxes for the purchasing, leasing or improving of sites, and the 
building, purchasing, leasing, enlarging, altering or repairing of school 
houses shall not exceed in any year twenty mills on the dollar, of the 
assessed valuation of taxable property of the district, and the board of educa- 
tion is authorized and directed, when necessary, to borrow in anticipation, the 
amount of the taxes to be raised, levied and collected as aforesaid. 

§ 1303. Authority to issue bonds.] The board of education of such 
district is authorized and empowered, and it is its duty whenever the board 
deems it necessary for the efficient organization and establishment of schools, 
including the purchase of school sites and the construction and furnishing of 
school houses, in such district, and when the taxes authorized by this article 
shall not be sufficient or shall be deemed by the board to be burdensome upon 
the taxpayers of the district, from time to time to issue bonds of the district 
in the denomination of fifty dollars or some multiple of fifty, payable at a time 
not to exceed twenty-five years after date and bearing interest at a rate not 
to exceed five per cent, per annum, payable semi-annually on the first day of 
January and July of each year; and to show upon their face that they are is- 
sued for the purpose of building or furnishing a school house or school houses, 
purchasing grounds on which to locate the same, or to fund any outstanding 
indebtedness, or for the purpose of taking up any outstanding bonds; and the 
said board of education is authorized to cause the same to be sold at not less 
than par value, and the money realized therefrom deposited with the city treas- 
urer to the credit of such board of education; and when any bonds shall be so 
negotiated it shall be the duty of the board to provide by tax for the payment 
of the principal and interest of such bonds; provided, that at no time shall 
the aggregate amount of such bonds, including all other indebtedness, exceed 
fifty mills on the dollar of valuation of the taxable property of such district, 
to be determined by the last city assessment. 



STATE OF NORTH DAKOTA 53 



§ 1304. Moneys paid to city treasurer.] All moneys raised pursuant 
to the provisions of this article and all moneys which shall by law be appro- 
priated to or provided for such district, shall be paid over to the city treasurer 
of the city, and the county treasurer shall from time to time as he shall receive 
the county school funds, and at least once in each month, on the first Monday 
thereof, pay over to such city treasurer the proportion thereof belonging to 
such district; and for that purpose the board shall have the power to cause 
all needful steps to be taken including census reports or other acts or things, 
to enable such board to receive the school money belonging to such district, 
as fully and completely as though such district formed one of the school dis- 
tricts of the county where the same may be situated. 

§ 1305. Bond of treasurer.] The city treasurer of such city shall give 
a bond to such board of education in such sum as the board shall from time to 
time require, with two or more sureties to be approved by the board, conditioned 
for the safe keeping of the school funds, which shall be in addition to his other 
bond; and such treasurer and the sureties upon such bond shall be accountable 
to the board for the moneys that come into his hands, and in case of failure of 
such treasurer to give such bond when required by the board, or within ten 
days thereafter, his office shall become vacant and the city council shall appoint 
another person in his place. 

§ 1306. School funds, how kept and paid out.] All moneys required to 
be raised by virtue of this article shall be paid in cash or in warrants herein- 
after provided, drawn on the school fund only, and such moneys and all moneys 
received by such district for the use of the common schools therein shall be 
deposited for safe keeping with such city auditor to the credit of the board of 
education, and shall by him be safely kept separate and apart from any other 
funds until drawn from the treasury as herein provided. Such treasurer shall 
pay out the moneys authorized by this article only upon warrants drawn by 
the president, countersigned by the secretary and attested by the seal of such 
board of education. 

§ 1307. Investment of sinking funds. School districts.] All moneys 
raised for the purpose of creating a sinking fund for the final redemption of 
all bonds issued under article 71 of Chapter 9 of the Civil Code of the state 
shall be invested annually by the board of education of any independent school 
district in this state as follows, viz: 

1. In the bonds of this state or of the United States. 

2. An independent school district board may designate one or more national 
or state banks in the county where such independent school district is situated, 
as a depositary for such sinking fund, and in such case the school board shall 
advertise for at least fourteen days in some newspaper printed within the lim- 
its of said independent school district, if there be one, if not, in the county where 
said school district is situated, for sealed proposals for the deposit of the sink- 
ing fund of such school district, reserving the right to reject any and all bids 
and satisfying itself of the responsibility of all banks proposing to act as de- 
positaries. Before any bank shall be designated as such depositary it shall 
present to the school board a sealed proposal stating in writing what rate of 
interest will be paid for the deposit of such sinking funds and shall submit to 
the board for its approval a bond payable to the independent school district 
conditioned for the safe keeping and repayment of any funds deposited in such 



54 GENERAL SCHOOL LAWS 



bank, which bond shall be signed by not less than three freeholders of this state 
as sureties or some surety bond company qualified to do business in this state, 
and such bond to be in the sum required by the school board and in no case 
to be less than double the probable amount of the funds to be deposited in such 
bank. The approval of such bond shall be endorsed thereon by the boaid 
and deposited with the county auditor, and any bank whose bond shall have 
been so approved shall thereupon be designated by the school board as a de- 
positary for the sinking fund, and shall continue as such until such time as the 
board shall direct the withdrawal of such funds or until such funds are needed 
for the payment or the purchase of bonds as provided in this act. When the 
sinking fund of any independent school district is deposited by the treasurer 
of the board of education of said school district in the name of the school dis- 
trict in such depositary such treasurer and his sureties shall be exempt from 
all liability thereon by reason of loss of any such funds from the failure, bank- 
ruptcy or any other act of any such bank to the extent only of such funds in 
the hands of such bank or banks at the time of such failure or bankruptcy. 
Such depositary shall furnish to the clerk of the board of education of such 
independent school district prior to the fifth day of July of each year, a veri- 
fied statement of the school district account with such depositary for the year 
ending June 30, which statement shall show a credit to such deposit account 
of all sums of interest accruing on the sinking fund deposited. 

3. The board of education of any independent school district may buy and 
cancel the bonds of such district and pay for the same with the moneys in the 
sinking fund created to pay such bonds. 

§ 1308. Expenditures not to exceed revenues.] It shall be the duty 
of the board in all of its expenditures and contracts to have reference to the 
amount of money which shall be subject to its order during the current year 
for the particular expenditures in question and not to exceed that amount. 

§ 1309. Title to property of district.] The title of all property belong- 
ing to any such independent school district shall be vested in such district for 
the use of the schools, and the same while used and appropriated for school 
purposes shall not be levied upon or sold by virtue of any warrant or execution 
or other process, nor be subject to any judgment or mechanic's lien or taxa- 
tion for any purpose whatever; and the district in its corporate capacity may 
take, hold and dispose of any real and personal property transferred to it by 
gift, grant, bequest or devise for the use of the common schools for the dis- 
trict, whether the same is transferred in terms of such district by its proper 
name or to any person or body for the use of such schools. 

§ 1310. Real property. Title, how conveyed.] Whenever any prop- 
erty is purchased by the board a conveyance thereof shall be taken in the name 
of such district; and whenever any sale of such property is made by the board, 
a resolution in favor of such sale shall first be adopted and spread upon the rec- 
ords of the board, and the conveyance of such property shall be executed in 
the name of such district by the president of the board attested by the sec- 
retary under the seal thereof, and acknowledged by such oflBcers. Such pres- 
ident and secretary shall have authority to execute conveyances as aforesaid 
with or without covenants of warranty on behalf of the district. 

§ 1311. Report of city treasurer.] It shall be the duty of the city treas- 
urer at least fifteen days before the annual election for members of such board 



STATE OF NOETH DAKOTA 55 



and as often as called upon by the board, to prepare and report to such board 
a true and correct statement of the receipts and disbursements of moneys un- 
der and pursuant to the provisions of this article, during the preceding year, 
which statement shall set forth under appropriate head: 

1. The money raised by the board under section 1298. 

2. The school moneys received from the county treasurer. 

3. The money received under section 1303. 

4. All moneys received by the city treasurer, subject to the order of the 
board, specifying the sources from which it accrued. 

5. The manner in which all money has been expended, specifying the amount 
under each head of expenditures and the board shall at least one week before 
such election, cause such statement to be published in all the newspapers of 
the city which will publish the same gratuitously. 

§ 1312. New district to assume debts of old.] School districts cre- 
ated under the provisions of this article shall assume all obligations and liabil- 
ities incurred by the districts out of which they are formed, if old districts are 
not divided, and a proportionate part if divided. 

§ 1313. Forfeit for refusal to serve as member of board.] It shall 
be the duty of the clerk of said school board immediately after the election 
of any person as a member thereof, personally or in writing, to notify him of his 
election, and if any person shall not within ten days after receiving such notice 
of election, take and subscribe the oath as herein provided and file the same 
with the city auditor, the board may consider it as a refusal to serve, and fill 
the vacancy thus occasioned, and the person so refusing shall forfeit and pay 
to the city treasurer for the benefit of the schools of such district a penalty of 
fifty dollars, which may be recovered in the name of such city by a civil ac- 
tion, 

§ 1314. City council to pass certain ordinances.] The city council shall 
have the power and it shall be its duty to pass such ordinances and regulations 
as the board of education may recommend as necessary for the protection, 
preservation, safe keeping and care of the school houses, lots, sites, appurte- 
nances, libraries, and all necessary property belonging to or connected with 
the schools of the city, and to provide proper penalties for the violation thereof, 
and all penalties shall be collected in the same manner that the penalties for 
violation of city ordinances are collected, and when collected shall be paid to 
the city treasurer and placed to the credit of the board of education, and shall 
be subject to its order as herein provided. 

ARTICLE 11.— BOARD OF EDUCATION IN CERTAIN CITIES. 

§ 1315. Boards to be elected at large.] In each city not organized 
under the general law there shall be a board of education consisting of seven 
members having the qualifications of electors who shall be elected at large by 
the electors of such city qualified to vote at school elections; and, except as 
may be otherwise provided herein for the first election, two members of such 
board shall be elected annually and three triennially at a special election to 
be held on the Tuesday after the first Monday in June; provided, that the pro- 
visions of this article shall not apply to cities existing under a special act or 
which are now under the general school laws. 



56 GENEEAL SCHOOL LAWS 



§ 1316. Term of office.] The term of office of a member of the board of 
education, except as in this article otherwise provided, shall be three years 
and until his successor is elected and qualified. 

§ 1317. Elections, how conducted.] All elections under the provisions 
of this article shall be called, conducted and the vote; canvassed and returned 
in the manner provided by law for general city elections. 

§ 1318. Relatives not eligible as teachers.] No son, wife or daughter 
of any member of the school board shall be eligible to a position as a teacher 
in the schools of the district which such member represents except upon the 
consent of all the members of such board. 

§ 1319. Independent school organizations under special laws abol- 
ished.] Any independent school district organized for school purposes under 
a special law, which does not include or is not included in any city or incor- 
porated town or village organized for municipal purposes, shall become a part 
of the school district in which it is located by the repeal of the special law or- 
ganizing or governing such independent district. Any independent district 
organized for school purposes under a special law or under any other law than 
is contained in this chapter which includes or is included in any city or incor- 
porated town or village organized for municipal purposes, shall become a spe- 
cial district by the repeal of the special law organizing or governing such in- 
dependent school district. Any school district or special district so constituted 
or constituted in part shall be governed by the provisions of this chapter; pro- 
vided, that nothing heiein shall prevent any such independent district from 
coming under the operation of this chapter in the manner therein provided. 

§ 1320. Old school officers hold over.] The board of education or 
other governing board of such independent district shall continue to exercise 
the powers and duties devolving upon it under the provisions of such special 
or other law governing such special independent district, the same as though 
such law had not been repealed, until the second Tuesday in July following 
the repeal of such special or other law; provided, that all that portion 
of the general school laws which provides for an annual school election shall 
apply to such independent district and shall be in full force and effect for the 
purpose of electing school officers at such annual election; and such officers 
shall be elected in and for the whole school district, including the independent 
district or portion of such independent district located therein, or in and for 
the special district, the same as though no law had ever existed providing for 
the organization of such independent district; provided, further, that in a 
special district formed and created as herein provided, a full board of educa- 
tion shall be elected as provided by law for first elections, but in school dis- 
tricts formed as herein provided by the addition of such independent district 
or portion thereof there shall be elected only such officers as are required to 
fill the legular vacancies in the school offices of such school district heretofore 
organized. 

§ 1321. Debts and assets determined by arbitration.] When the 
boundaries of such school district shall have been arranged as contemplated 
in this article, the determination and division of consolidation of all debts, 
property and assets of the several portions of such district or districts so con- 
solidated shall be made by arbitration as provided by law. 



STATE OF NOETH DAKOTA 57 



ARTICLE 12.— VACANCIES. 

§ 1322. Vacancy in office of superintendent of public instruction 
FILLED BY APPOINTMENT.] Should E vacancy occur in the office of the super 
intendent of public instruction, the governor shall haye power and it shall be 
his du'y to fill such vacancy by appointment, which appointment shall be 
valid until the next general election and until his successor is elected and qual- 
ified. 

§ 1323. Vacancy in office of county superintendent.] Should a va- 
cancy occur in the ofiice of county superintendent of schools, the board of county 
commissioners of such county shall have power and it shall be their duty to 
fill such vacancy by appointment, as provided by law, which appointment 
shall be valid until the next general election. The county auditor shall im- 
mediately notify the superintendent of public instruction of such appointment. 

§ 1324. Vacancy in office of director or treasurer. How filled.] 
When any vacancy occurs in the office of director or treasurer of a school dis- 
trict by death, resignation, removal from the district, or otherwise, the fact 
of such vacancy shall be immediately certified to the county superintendent 
by the clerk of the district, and such superintendent shall immediately ap- 
point in writing some competent person who shall qualify and serve until the 
next annual school election. The county superintendent shall at the same 
time notify the clerk of the school district and the county auditor of every such 
appointment. 

§ 1325. Vacancy in office of clerk, how filled.] Should the office of 
clerk of a school district become vacant, the school board shall immediately 
fill such vacancy by appointment and the president of the board shall imme- 
diately notify the county superintendent and the county auditor of such ap- 
pointment. 

§ 1326. Office, when deemed vacant.] An office of a school district 
shall become vacant by resignation of the incumbent thereof, but such resigna- 
tion shall not take effect until a successor has qualified according to law. Any 
office of a school district shall be deemed vacant if the person duly elected 
thereto shall neglect or refuse for the period of two weeks after the beginning 
of the term for which he was elected, to accept and qualify for such office and 
serve therein. Any school officer may be removed from office by a court 
of competent jurisdiction as provided by law. 

ARTICLE 13.— EQUALIZATION OF INDEBTEDNESS. 

§ 1327. Equalization of indebtedness by arbitration.] After the 
boundaries of a school district have been established as provided for in this 
chapter, all school districts or parts of school districts that existed as school 
corporations, or as parts thereof, before the taking effect of this code, and that 
are now included in one school district, shall effect an equalization of prop- 
erty, funds on hand and debts; or whenever the boundaries of two or more 
districts are re-arranged, all districts affected by such change shall effect an 
equalization of property, funds on hand and debts. To effect this, such school 
board of such corporation constituting a school district under the operation 
of this chapter, shall select one arbitrator, and the several arbitrators so se-' 



58 GENEEAL SCHOOL LAWS 



lected, together with the county superintendent, shall constitute a board of 
arbitration to affect such equalization. If in any case the number of arbi- 
trators, including the county superintendent, shall be an even number, the 
county treasurer shall be included and be a member of such board. The county 
"superintendent shall fix ,a time and place of such meeting. 

§ 1328. Tax to equalize and pay previous debts.] Such board shall 
take an account of the assets, funds on hand, the debts properly and justly 
belonging to or chargeable to each corporation, or part o a corporation affected 
by such change, and levy such a tax against each as will in its judgment justly 
and fairly equalize their several interests. 

§ 1329. Maximum ANNUAL TAX levy FOE SUCH purposes.] When the amounts 
to be levied upon the several corporations, or parts of corporations mentioned 
in the preceding section, shall be fixed, a list thereof shall be made wherein the 
amount shall be set down opposi e each corporation. The whole shall be stated 
substantially in the form herein required for certifying school taxes, and ad- 
dressed to the county auditor, and shall be signed by a majority of such board 
of arbitration; such levy shall be deemed legal and valid upon the taxable prop- 
erly of each corporation; provided, however, that not more than fifteen mills 
thereof shall be extended against such taxable property in any one year, and such 
levy not exceeding fifteen mills on the dollar shall be extended as in this sec- 
tion provided from year to year, until the whole amount shall be so levied. 
The county auditor shall preserve such levies and shall extend the several rates 
from year to year, as above required by law for district taxes and the taxes 
shall be collected at the same time and in the same manner as other taxes are 
collected. 

§ 1330. Proceeds to be turned over to the respective districts.] 
Opposite the several descriptions of property on the tax list shall be entered 
the school districts within which it lies, and all the proceeds of these equaliz- 
ing taxes shall be collected and shall be paid over to the proper school district 
within which the property is situated. The proceeds of taxes upon parts of 
districts lying outside of the district as at present constituted with which they 
were equalized shall be paid to the treasurer of the school district within which 
the property is situated; the same as hereinbefore provided for regular taxes. 

§ 1331. Maximum tax levy for all school purposes.] The taxes levied 
for purposes of equalization shall be in addition to all other taxes for school 
purposes; provided, that all taxes for school purposes, including such taxes 
for equalization, shall not exceed thirty mills on the dollar in any one year. 
The provisions of this article shall apply to and govern all school districts and 
parts of school districts hereafter divided or consolidated with each other or 
with other districts in the divisions, uniting for apportionment of their debts 
and liabilities or property and assets. 

ARTICLE 14.— BONDS OF COMMON SCHOOL DISTRICTS. 

§ 1332. School bonds, how issued.] Whenever a duly constituted school 
district, under the provisions of this chapter, excepting special or independ- 
ent school districts, in any organized county in the state at any regular or spe- 
cial meeting held for that purpose, shall determine by a majority vote of all the 
qualified voters of such school district present at such meeting and voting. 



STATE OF NOETH DAKOTA 59 



to issue school district bonds for the purpose of building and furnishing a school 
house and purchasing grounds on which to locate the same, or to fund any out- 
standing indebtedness or for the purpose of taking up any outstanding bonds, 
the district school board may lawfully issue such bonds in accordance with 
the provisions of this article. 

§ 1333. Notice of election to vote bonds.] Before the question of is- 
suing bonds shall be submitted to a vote of the school district, notices shall 
be posted in at least three public and conspicuous places in such district, stat- 
ing the time and place of such meeting, the amount of bonds proposed to be 
issued, rate of interest, purpose issued for, and the time in which they shall 
be made payable. Such notices shall be posted at least fourteen days before 
the meeting, and the voting shall be done by means of written or printed bal- 
lots, and all ballots shall be prepared before the opening of the polls and shall 
be in substantially the following form: 

For issuing bonds in the sum of $ at per cent., to run 

years. 



YES 



NO □ 



and if a majority of the votes cast shall be in favor of issuing bonds the school 
board, through its proper officers, shall forthwith issue bonds in accordance 
with such vote; but if a majority of all votes cast are against issuing bonds then 
no further action can be had and the question shall not again be submitted 
to a vote for one year thereafter, except for a different amount; provided, that 
the question of issuing bonds shall not be submitted to a vote of the district, 
and no meeting shall be called for that purpose until the district school board 
shall have been petitioned in writing by at least one-third of the voters of the 
district. 

§ 1334. Bonds, denomination of. Interest. Limit of issue.] The de- 
nominations of the bonds which may be issued under the provisions of this 
article shall be fifty dollars or some multiple of fifty, and shall bear interest 
at a rate not exceeding five per cent per annum, payable semi-annually on the 
first day of January and July in each year, in accordance with interest coupons 
which shall be attached to such bonds; provided, that the amount of bonds 
including all other indebtedness shall not exceed five per cent of the assessed 
valuation of the school district and may be made payable in not less than ten 
or more than twenty years from their date. 

§ 1335. Bonds, record of to be kept.] Whenever any bonds are issued 
under the provisions of this chapter they shall be lithographed or printed on 
bond paper and shall state upon their face the date of their issue, the amount 
of the bonds, to whom and for what purpose issued, also the time and place 
of payment, and the rate of interest to be paid. They shall have printed upon 
the margin the words "Authorized by Article 14 of Chapter .— of the Ses- 
sion Laws of North Dakota of 1911." Immediately after the issuing of school 
bonds pursuant to this chapter the clerk of the school district so issuing its 
bonds shall file, with the county auditor of the county in which such district 
is situated, certified copies of all the proceedings had in such district relative 
to the issuing of such bonds and also a statement of the amount of the indebted- 



60 GENEEAL SCHOOL LAWS 



ness of such school district; and before any of the bonds are disposed of they 
shall be presented to the county auditor of the county in which the school dis- 
trict issuing the same is situated. He shall carefully examine the records of 
the proceedings of such school district upon the question of issuing such bonds 
as the same are filed with him as hereinbefore directed, and shall satisfy him- 
self by the evidence thus furnished, whether or not all the laws of the state 
relative to the issuing of such bonds have been complied with. If satisfied 
that they have been and that the bonds in question have been legally issued, 
he shall in a book kept for such purpose, preserve a register of each bond show- 
ing in separate columns the name of the school district issuing the bonds, the 
number of such bonds, the denomination thereof, the date of their issue, the 
date when they will mature, the names of the school officers executing the same 
and such other facts as may be pertinent and he shall then indorse on each of 
such bonds the following certificate: 

State of North Dakota, ) 

) ss. 
County of — ) 

I, _.__ ._. , County auditor, do hereby 

certify that the within bond is issued pursuant to law and is within the debt 
limit prescribed by the constitution of the state of North Dakota, and in ac- 
cordance with the vote of school district. 

at a.— - -- (regular or special) meeting held on the 

day of- — A. D. 19.. , to issue bonds to the 

amount of - dollars, and is a legal 

and valid debt of such school district; that such bonds are fully registered in 
this office and that such school district is legally organized and the signatures 
affixed to such bonds are the genuine signatures of the proper officers of such 
school district. 

The blanks shall be filled according to the facts, and the certificate officially 
signed by the county auditor and attested by his official seal. Such bonds shall 
be signed by the president and clerk of the school board and shall be regis- 
tered in a book to be kept by the clerk for that purpose, in which shall be en- 
tered the number, date and name of the person to whom issued and the date 
when the same will become due. 

§ 1336. Sinking fund and interest tax.] In addition to the amount that 
may already be assessed under existing laws there shall be levied annually, upon 
the taxable property of the school district so issuing bonds at or before their 
issuance and collected as other taxes are collected, a sum sufficient to pay in- 
terest upon such bonded indebtedness, and in like manner a further annual 
tax to create a sinking fund that M'ill at the maturity of such bonds be suffi- 
cient to pay the principal thereof, and said sinking fund shall be used for no 
other purpose, except that whenever there are sufficient funds on hand, belong- 
ing to such sinking fund, the school board may in its discretion, purchase any 
of the outstanding bonds at their market value and pay for the same out of 
such sinking fund; provided, that the school district board may designate one 
or more national or state banks in its county for a depositary for such sink- 
ing fund; and in such case the school board shall advertise for at least two 
weeks in some newspaper printed in the county for sealed proposals for the 



STATE or NORTH DAKOTA 61 



deposit of the sinking fund of such school district, reserving the right to re- 
ject any and all bids and satisfying itself of the responsibility of all banks pro- 
posing to act as depositaries. Before any bank shall be designated as such 
depositary, it shall present to the school board a sealed proposal stating in 
writing what rate of interest will be paid for the deposit of such sinking fund, 
and shall submit to the board for its approval, a bond payable to the school 
district conditioned for the safe keeping and repayment of any funds depos- 
ited in such bank, which bond shall be signed by not less than three freeholders 
of the county or by a surety company as surety, such bond to be in the sum 
required by the school board but in no case less than double the probable amount 
of funds to be deposited in such bank. The approval of such bond shall be in- 
dorsed thereon by the board and deposited with the county auditor, and any 
bank whose bond shall have been so approved shall thereupon be designated 
by the school board as a depositary for the sinking fund, and shall continue 
as such, until such time as the board shall* re-advertise for bids as aforesaid, 
and new depositaries are designated and qualified, or until such funds are needed 
for the payment or purchase of bonds as provided in this section. When the 
sinking fund of any school district is deposited by the district treasurer in the 
name of the school district in such depositary, such treasurer and his sureties 
shall be exempt from all liability thereon by reason of loss of any such funds 
from the failure, bankruptcy or any other act of any such bank, to the extent 
only of such funds in the hands of such bank or banks at the time of failure or 
bankruptcy. Such depositary shall furnish to the school district clerk prior 
to the fifth day of July of each year, a verified statement of the school district's 
account, with such depositary for the year ending June thirtieth, which state- 
ment shall show a credit to such deposit account of all sums of interest accruing, 
on the sinking fund deposited. 

§ 1337. Bonds, how negotiated.] When any bonds shall be issued un- 
der the provisions of this article, the county treasurer shall have authority to 
negotiate and sell such bonds for not less than par, and the said district treas- 
urer shall apply the proceeds arising from the sale of such bonds only for the 
purpose of building and furnishing a school house and purchasing grounds on 
which the said school house shall be located, or to fund any outstanding indebt- 
edness, according to the express purpose for which such bonds were authorized 
by the voters, as provided in section 1332 of this chapter. 

§ 1338. County auditor may levy tax to pay bonds, when.] When any 
school board neglects or refuses to levy a tax in accordance with law to meet 
outstanding bonds or the interest thereon, the county auditor shall have power 
to levy such tax and when collected to apply the proceeds to the payment of 
such coupons and bonds. 

§ 1339. Cancelled bonds, record of.] When the bonds of any school 
district shall have been paid by the school board they shall be cancelled by 
writing or printing in red ink the words "cancelled and paid" across each bond 
and coupon and the date of payment and amount paid shall be entered in the 
clerk's register against the proper number of the bonds and bonds so cancelled 
shall be filed in the office of the district clerk until all the outstanding bonds 
are paid, when they shall be destroyed in the presence of the full board. 

§ 1340. Proposals for building school houses.] When any school 
house is built with funds provided for in the manner herein authorized, the 



62 GENEEAL SCHOOL LAWS 



school board shall advertise at least thirty days in some newspaper pfinted in 
the county or by posting notices for the same length of time in at least three 
of the most public and conspicuous places if no newspaper is published in the 
county for sealed proposals for building such school house in accordance with 
plans and specifications furnished by the school board, reserving the right to 
reject any and all bids, and if any of the proposals shall be reasonable and sat- 
isfactory such board shall award the contract to the lowest responsible bidder 
and shall require of such contractor a bond in double the amount of the con- 
tract, conditioned that he will properly account for all money and property 
of the school district that may come into his hands and that he will perform 
the conditions of his contract in a faithful manner and in accordance with its 
provisions; and in case all the proposals are rejected, such board shall adver- 
tise anew in the same manner as before until a reasonable bid shall be sub- 
mitted. 

§ 134L Provisions of this aeticle. How applicable.] The provisions 
of this article shall be applicable to and authorize the issuance of bonds by 
such school districts as have already built school houses and issued orders or 
warrants therefor, and any such school district may vote to bond the indebt- 
edness incurred by reason of building and furnishing a school house and pur- 
chasing a site for the same and bonds may be issued in the same manner as here- 
inbefore provided for building and furnishing school houses. 

ARTICLE 15.— COMPULSORY EDUCATION AND MEDICAL INSPEC- 
TION. 

§ 1342. School age. Who exempt from compulsory attendance.] 
Every parent, guardian or other person who resides in any school district or 
city and who has control over any child of or between the ages of eight and 
fifteen, inclusive, shall send or take such child to a public school in each year dur- 
ing the entire time the public schools of such distric or city are in session; and 
every parent, guardian or other person having control over any deaf, blind 
or feeble-minded child or youth between the ages of seven and twenty-one 
years of age shall be required to send such deaf child to the school for the deaf 
at the city of Devils Lake for the entire school year unless excused by the super- 
intendent or principal of such school, such blind child to the school for he 
blind at Bathgate for the entire school year unless excused by the superintend- 
ent or principal of such school, and such feeble-minded child to the institution 
for the feeble-minded at Grafton; provided, that such parent, guardian or other 
person having control of any child shall be excused from such duty by the school 
board of the district or by the board of education of the city or village when- 
ever it shall be shown to their satisfaction, subject to appeal as provided by 
law, that one of the following reasons therefor exists: 

1. That such child is taught for the same length of time in a parochial or 
private school approved by the county superintendent of schools subject to 
appeal to the superintendent of public instruction; that no school shall be ap- 
proved by the county superintendent of schools or superintendent of public 
instruction unless the branches usually taught in the public schools are taught 
in such schools. 

2. That such child is actually necessary to the support of the family. 



STATE OF NOBTH DAKOTA 63 



3. That such child has already acquired the branches of learning taught in 
the public schools. 

4. That such child is in such a physical or mental condition (as declared 
by a licensed physician, if required by the board) as to render such attendance 
inexpedient or impraticable. 

5. If no school is taught the requisite length o" time within two and one- 
quarter miles of the residence of such child by the nearest route, such attendance 
shall not be enforced, except in cases of consolidated schools, where the school 
board has arranged for the transportation of pupils. In school districts where 
consolidated schools have not been established, the school board shall pay a 
sum not to exceed thirty-five cents nor less than fifteen cents per day to any 
one family living more than two and one-quarter miles from the nearest school, 
which shall be equitably based upon the number of children attending school 
from each family; provided, that the tender of such a daily compensation shall 
be construed as furnishing transportation and when such a tende is made by 
the school board, the compulsory attendance law shall apply to all children 
of school age living more than two and one-quaiter and not to exceed five miles 
from school; provided, further, that the provisions for transportation shall 
not apply to deaf, blind and feeble-minded children in this state, and this sec- 
tion shall not be construed to apply to parents, guardians or other persons hav- 
ing control of any child or children between the ages of eight and fifteen, inclus- 
ive, who desire to send such child or children for a total period of not exceed- 
ing six months, which may be taken in one or more years, to any parochial 
school for the purpose of preparing such child or children for certain religious 
duties. It shall be the duty of the clerk of the school board to include in his 
annual statement an item setting forth the amount spent for the transportation 
of pupils. 

§ 1343. Schools equally free and accessible.] The public schools 
provided for in this chapter shall be at all times equally free, open and accessi- 
ble to all children over six and under twenty-one years of age residing in the 
district. 

§ 1344. Penalty.] Any such parent, guardian or other person failing to 
comply with the requirements of the foregoing sections, shall upon conviction 
thereof be deemed guilty of a misdemeanor, and shall be fined in a sum not less 
than five nor more than twenty dollars for the first offense and not less than 
ten dollars nor more than fifty dollars for the second and every subsequent 
offense, with costs in each case. 

§ 1345. Prosecution for neglecting this duty.] It shall be the duty 
of the superintendent or principal of schools in any city, town or village, or 
the teacher of any district school, or the county superintendent of schools for 
children that are deaf, blind or feeble-minded, to inquire into all cases of negli- 
gence of the duty prescribed in this article and to ascertain from the person 
neglecting to perform such duty the reason therefor, if any, and in common school 
districts notify the county superintendent of schools of such neglect; the 
said county superintendent, upon proper presentation of facts, shall lay the 
complaint before the state's attorney, whose duty it will be to proceed forth- 
with to secure the prosecution for any offen'se occurring under this article. In 
special or independent districts the superintendent or principal of schools shall 
lay the complaint before the state's attorney who shall proceed as above; pro- 



64 GENEEAL SCHOOL LAWS 



vided, further, that the board of education or district school board in any city 
or school district of over five hundred inhabitants may employ a truant officer 
who shall perform the duties implied in this section. 

§ 1346. Medical inspection of pupils in public schools.] The board 
of any school corporation in this state may, and whenever petitioned by a ma- 
jority of the persons having children attending the schools of the district, shall 
employ one or more physicians as medical inspectors of schools. It shall be 
the duty of the medical inspector to examine, at least once annually, all children 
enrolled in the public schools of the district, except those who present a cer- 
tificate of health from a licensed physician, and to make out suitable records 
for each child, one copy of which shall be filed with the county or city super- 
intendent of schools. Notice of physical defects of abnormal or diseased chil- 
dren shall be sent to the parents, with recommendations for the parents' guid- 
ance in conserving the child's health. The medical inspector shall co-operate 
with state, county and township boards of health iii dealing with contagious 
and infectious diseases and to secure medical treatment for indigent children. 
It shall be the duty of the county and city superintendents of schools to co-oper- 
ate with school boards in promoting medical inspection. He may arrange 
schools by groups, especially in the rural districts, for the purpose of inspec- 
tion, and shall advise school boards with a view to securing the most efficient 
and economical administration of this law. The scTiool board or board of edu- 
cation shall furnish all blanks and other needed supplies for this purpose. 

ARTICLE 16.— FINES, FORFEITURES AND PENALTIES. 

§ 1347. Penalty for neglect of duty by s hool director, treasurer 
or clerk.] Each person duly elected to any school district office, who, having 
■ entered upon the duties of his office, shall neglect or refuse to perform any du- 
ties required of him by the provisions of this chapter, shall upon conviction 
be fined in the sum of ten dollars and his office shall be deemed vacant. 

§ 1348. Penalty for false election returns.] Any judge or clerk of 
election, school district clerk or county auditor who wilfully violates the pro- 
visions of this chapter in relation to elections or who wilfully makes a false 
return shall upon conviction be deemed guilty of a felony. 

§ 1349. Speculation in office prohibited.] No school officer shall per- 
sonally engage in the purchase of any school bonds or warrants nor shall any 
such officer be personally interested in any contract requiring the expenditure 
of school funds except for the purchase of fuel and the procuring of insurance 
and such supplies as are in daily use, but not including furniture, or the ex- 
penditure of funds appropriated by the state, county, school corporation or 
otherwise, for any special purpose connected with his office. Any violation of 
this section shall be a misdemeanor. 

§ 1350. Penalty for unlawful drawings of school money.] Any per- 
son who draws money from the county treasury, who is not at the time a duly 
qualified treasurer of the school corporation for which he draws the money and 
authorized to act as such, shall be guilty of a misdemeanor and shall upon con- 
viction thereof be punished by a fine of not less than twenty-five dollars. 

§ 1351. Use of school funds. When embezzlement.] Each treasurer 
who shall loan any portion of the money in his hands belonging to any school 



STATE OF NOETH DAKOTA 65 



district, whether for consideration or not, or who shall expend any portion 
thereof for his own or any other person's private use, is guilty of embezzlement, 
and no such treasurer shall pay over or deliver the school money in his hands 
to any officer or person or to any committee to be expended by him or them; 
but all public funds shall be paid out only by the proper treasurer as herein- 
before provided. 

§ 1352. Action to recover money when treasurer fails to pay over.] 
if any person shall refuse or neglect to pay over any money in his hands as 
treasurer of a school district to his successor in office his successor must, with- 
out delay, bring action upon the official^bond of such treasurer for the recov- 
ery of such money. 

§ 1353. Penalty. When indorsement of unpaid warrants is not made.] 
Any violation by a district treasurer of the provisions of this chapter requiring 
indorsement of warrants not paid for want of funds, and the payment thereof 
in the order of presentation and indorsement is a misdemeanor punishable by 
a fine not exceeding one hundred dollars. 

§ 1354. Penalty for false reports.] Each school officer who wilfully 
signs or transmits a false report to the county superintendent or wilfully signs, 
issues or publishes a false statement of facts purporting or appearing to be based 
upon the books, accounts or records, or of the affairs, resources and credit of 
the district shall upon conviction be punished by a fine not exceeding fifty dol- 
lars or by imprisonment in the county jail not exceeding fifteen days. 

§ 1355. Penalty for wilful disturbance of school.] Each person, 
whether pupil or not, who wilfully molests or disturbs a public school when 
in session or who wilfully interferes with or interrupts the proper order of man- 
agement of a public school by act of violence, boisterous conduct or threat- 
ening language, so as to prevent the teacher or any pupil from performing his 
duty, or who shall in the presence of the school children upbraid, insult or threaten 
the teacher, shall upon conviction thereof be punished by a fine not exceeding 
twenty-five dollars or by imprisonment in the county jail for a period not ex- 
ceeding ten days, or both. 

§ 1356. Proposals for contracts.] No contract except for teachers' sal- 
ary, professional services, janitors' wages, or school text books involving the 
expenditure of school funds or money appropriated for any purpose relating 
to the educational system of this state, or any county, district or school cor- 
poration therein, when the amount exceeds one hundred dollars, shall be let 
until proposals are advertised for a period of ten days, and after such adver- 
tisement, only to the lowest responsible bidder. Any violations of this sec- 
tion shall be a misdemeanor. 

ARTICLE l7.— STATE BOARD OF EXAMINERS. 
EXAMINATIONS AND CERTIFICATES. 

§ 1357. Annual report.] The board shall, on or before the first day of 
November of each year, make a report to the governor covering the school year 
ending June 30th, preceding, setting forth in detail all its official transactions. 

§ 1358. Duties.] The state board of examiners shall prepare or cause to 
be prepared all questions for examinations for all certificates to teach in this 
state, and shall prescribe the rules and regulations governing the same, shall 



66 GENEEAL SCHOOL LAWS 



examine, mark and file all answer papers for all certificates or cause the same 
to be done, and shall issue all certificates to teach in the public schools of this 
state. 

§ 1359. Certificates.] There shall be four regular grades of certificates 
issued by the board of examiners. These shall be issued only to persons of good 
moral character who fulfill all the requirements specified by law and by the 
rules and regulations of the board, viz: 

(1). The second grade elementary certificate. 

(2). The first grade elementary certificate. 

(3). The second grade professional certificate. 

(4). The first grade professional certificate. 

§ 1360. Second grade elementary certificate.] The second grade ele- 
mentary certificate shall be granted to those persons over eighteen years of age 
who are found proficient in the following subjects: reading, arithmetic, lan- 
guage and grammar, geography. United States history, physiology and hy- 
giene (including physical culture), civil government, pedagogy, and any one of 
the following named subjects: music, drawing, agriculture, nature study, do- 
mestic science, manual training; provided, that the board of examiners may 
in their discretion specify which of the above subjects may be required. 
The proficiency of the applicants in spelling and writing will be determined 
from the papers submitted by the applicants. The second grade elementary 
certificate shall be valid for two years in any county in the state when recorded 
by the county superintendent of schools. It shall qualify the holjier to teach 
in any grade in rural and graded schools up to and including the eighth grade, 
and may be renewable by the county superintendent of schools under rules 
prescribed by the board of examiners. 

§ 1361. First grade elementary certificate.] The first grade elementary 
certificates shall be granted to those persons over twenty years of age who have 
had at least eight months' experience in teaching and who, in addition to those 
subjects required for a second grade elementary certificate, are found proficient 
in elements of psychology and four of the following subjects of secondaiy grade: 
elementary algebra, plane geometry, physics, physical geography, botany, the 
elements of agriculture, nature study, manual training, domestic science and 
American literature. The first grade elementary certificate shall be valid for 
three years in any county in the state when recorded by the county superin- 
tendent of schools. It shall qualify the holder to teach in any grade in any 
school in the state up to and including the eighth grade and the ninth grade 
of schools doing not over one year of high school work, and may be renewable 
by the county superintendent of schools under rules prescribed by the board 
of examiners. 

§ 1362. Second grade professional certificate.] The second grade pro- 
fessional certificate shall be granted to those persons who are at least twenty 
years of age and who have had at least nine months' experience in teaching 
and have the qualifications necessary for a first grade elementary certificate, 
and who in addition are found proficient in the following subjects of advanced 
grade: (1) psychology, (2) the history of education, (3) the principle of edu- 
cation, (4) school administration, 5) methods in elementary subjects, (6) 
rhetoric and composition, (7) American or English literature, (8) Ancient, Eng- 
lish or American history, (9) some one natural science (which may include 



STATE OF NOETH DAKOTA , 67 



agriculture), 10) higher algebra, solid geometry, manual training or domestic 
science. The second grade professional certificate shall legally qualify the 
holder to teach in any of the common, graded or high schools of the state, ex- 
cept in the high school departments of schools doing four years of high school 
work. It shall be valid for a period of five years and shall be renewable in the 
discretion of the board for a period of years or for life 

§ 1363. First grade professional certificate.] The first grade profes- 
sional ce tificate shall be granted to those persons who have substantially the 
equivalent of a college education, and who have had at least eighteen months' 
experience in teaching. They shall have all the qualifications necessary for 
a second grade professional certificate, and in addition thereto, be found pro- 
ficient in the following subjects: (l) foreign language, (2) a natural science 
other than the one presented for he second grade professional certificate, (3) 
ethics, logic of sociology, (4) political science, economics or domestic science, 
(5) any two subjects of college grade listed for the second grade professional 
certificate and not previously offered by the applicant. The first grade pro- 
fessional certificate shall qualify the holder to teach in all the common, graded 
and high schools of the state, and shall be valid for five years, or for life. 

§ 1364. Special certificates.] The board may grant special certificates 
authorizing the holders to teach in any of the common, graded or high schools 
(1) drawing, (2) music, (3) kindergarten, or (4) primary subjects, to teachers 
holding at least a second grade elementary certificate. Special certificates to 
teach (1) agricultui'e, (2) commercial subjects, (3) domestic science, or (4) man- 
ual and industrial training in the common, graded or high schools of the state, 
may be issued to applicants who possess qualifications equivalent to those re- 
quired for a second grade professional certificate. The applicant for a special 
certificate must satisfy the board by examination or otherwise of his proficiency 
in the subject which the holder is authorized to teach. Special certificates 
shall be valid for such a term of years as the board shall prescribe. 

§ 1365. Diplomas accredited.] The diplomas granted on the completion 
of the four-year curriculum of Teachers College of the University of North 
Dakota, shall be accredited as a first grade professional certificate for two years, 
and after the holder has had nine months' successful experience in teaching, 
satisfactory evidence of which having been filed with the board, such diploma 
shall entitle the owner to a first grade professional certificate for life. 

(2) The diploma from the advanced, or five-year curriculum of the state 
normal schools, .or its equivalent, the two-year curriculum for high school grad- 
uates, shall be accredited as a second grade professional certificate for two years, 
and after the holder has had nine months' successful experience in teaching, 
satisfactory evidence of which having been filed with the board, such diploma 
shall entitle the holder to a second grade professional certificate valid for life. 

(3) The diploma from the four-year curriculum of the state normal schools 
or its equivalent, the one-year curriculum for high school graduates shall be 
accredited as a professional certificate of the second grade fo" two years, and, 
after the holder has had nine months' successful experience in teaching, satis- 
factory evidence of which having been filed with the board, shall entitle the 
holder to a second grade professional certificate, valid for five years, which certi- 
ficate shall be renewable in the discretion of the board. 

(4) The certificate of completion issued by the state normal schools to those 



GENERAL SCHOOL LAWS 



who complete the ten and one-half months' curriculum of the state normal 
schools shall entitle the holder to a second grade elementary certificate. 

§ 1366. Other diplomas accredited.] Diplomas from institutions 
within or without the state shall be accredited, and professional certificates 
issued thereon upon the following basis: (a) the bachelor's diploma from a 
college of recognized standing shall be valid for a period of two years, after its 
presentation to the board, as a first grade professional certificate, provided, 
that the diploma implies at least two year courses, or sixteen semester hours, of 
professional preparation for teaching, or in lieu of such professional study, that 
the holder of the diploma has had three years' successful experience in teaching 
or in administering schools after receiving such diploma; and after the holder 
has had nine months' successful experience in teaching, after the presentation of 
such diploma, satisfactory evidence of such experience having been filed with 
the board, he shall be entitled to a first grade professional certificate which shall 
be valid for five years and which shall be renewed for life upon satisfactory evi- 
dence of successful experience for five years. 

(b) The diploma or certificate from institutions whose curriculum is the 
equivalent of the four-year or the five-year curriculum of the state normal schools 
shall be valid for two year as a second grade professional certificate, provided, 
that the diploma or certificate implies at least two year courses, or sixteen semester 
hours, of professional preparation for teaching or, in lieu of such professional 
study, that the holder of the diploma has had three years of successful experience 
in teaching or in administering schools after receiving such diploma; and after 
the holder of such diploma has had nine months of successful experience in 
teaching after receiving such diploma, satisfactory evidence of such experience 
having been filed with the board, he shall be entitled to a second grade professional 
certificate valid for five years or for life respectively. 

§ 1367. Permits.] A college graduate without experience or the required 
professional preparation may, for reasons satisfactory to the board, be granted 
a permit, or probationary certificate, valid until such time, not to exceed six 
months, as shall be set by the board for his examination on the professional 
subjects, when, if successful he may be granted a certificate, valid for a term of 
years or for life. Permits to teach till the next regular examination may be 
granted by the county superintendent of schools to any person applying at any 
time other than the regular examinations, who can show satisfactory reasons 
for not attending the previous examination and satisfactory evidence of qualifi- 
cation, subject to the rules and regulations of the board. 

§ 1368. Accredited work.] The board of examiners shall be authorized 
to accredit, under its rules and regulations, the specific marks or standings given 
in high schools, summer schools, normal schools and the other institutions of this 
state, when upon investigation it deems such standings good evidence of pro- 
ficiency in the subjects specified. 

§ 1369. High school diplomas.] Diplomas from North Dakota high schools 
doing four years' work, granted to graduates who have had psychology, 
school management and methods of instruction, and three senior-review subjects, 
shall be accredited as second grade elementary certificates; and if within two 
years from the date of the diploma the holder has had at least eight months' 
successful experience in teaching, he shall be entitled to a first grade, elementary 
certificate. 



STATE OF NOETH DAKOTA 69 



§ 1370. Examination conducted by county superintendent.] Unde 
the direction of the state board of examiners, the county superintendent sha 
hold a public examination of all persons over eighteen years of age offering them- 
selves as applicants for teachers' certificates, at the most suitable place or places 
in the county on the second Thursday and Friday in February, May, August 
and November of each year, and when necessary such examination may be con- 
tinued on the following day. He shall examine them by a series of written or 
printed questions, according to the rules prescribed by the state board of exam- 
iners. The county superintendent shall forward all answer papers submitted 
by applicants immediately after the close of the examination to the state board 
of examiners, for examination, marking, filing and recording. The state board 
of examiners by its president and secretary shall grant to each applicant a certi- 
ficate of qualification, if from the percentage of correct answers required by 
the rules, said applicant is found to possess the requisite knowledge and under- 
standing to teach, in the common schools of the state, the various branches re- 
quired by law; provided, that sufficient evidence is furnished that the candidate 
is a person of good moral character, has had successful experience, if any, and 
possesses an aptness to teach and govern. 

§ 1371. Papers to be kept on file. Appeals.] The written answers 
of applicants for elementary certificates, after being duly examined under the 
direction of the state board of examiners, shall be kept on file in the office of the 
secretary of the board of examiners for a period of six months after such examina- 
tion, and any applicant thinking an injustice has been done him, may, by paying 
a fee of one dollar in the institute fund of the county and notifying both the 
county superintendent and the secretary of the board of examiners of the 
same, have his papers specially re-examined by the board, and, if such answer 
papers warrant it, the state board of examiners shall issue such applicant an 
elementary certificate of the proper grade. 

§ 1372. Qualifications of teachers.] No certificate or permit to teach 
shall be issued to any person under eighteen years of age, and no first grade 
elementary certificate to any per on who is under twenty years of age, and who 
has not taught successfully eight months' school. First and second grade 

elementary certificates may be renewed without examination, under such require- 
ments as shall be imposed by the state board of examiners. The certificates 
issued by the state board of examiners shall be valid in any county in this state 
when recorded by the county superintendent of schools. 

§ 1373. Teacher must hold certificate, to be recorded.] No person 
shall be employed or permitted to teach in any of the public schools of the state 
except those in cities organized for school purposes under special laws, or organ- 
ized as independent districts under the general school laws, who is not the holder 
of a lawful certificate of qualification or a permit to teach, and no teacher's 
certificate, issued by the state board of examiners nor a teacher's diploma granted 
by any institution of learning in this state shall entitle a person to teach in such 
public schools of any county, unless such certificate or diploma shall have been 
recorded in the office of the county superintendent of the county in which the 
holder is engaged to teach, and it shall be the duty of the county superintendent 
to record such certificate or diploma. 

§ 1374. Certificates, when revocable.] The state board of examiners 
is authorized and required to revoke and annul at any time a certificate granted 



70 GENERAL SCHOOL LAWS 



in this state, for any cause which would have authorized or required it to refuse 
to grant the same, if known at the time it was granted, and for incompetency, 
immorality, intemperance, cruelty, crime against the laws of the state, breach 
of contract, refusal to perform his duty, or for the general neglect of the work of 
the school. The revocation of the certificate shall terminate the employment 
of such teacher in the school where he may be at the time employed. Such 
teacher must be paid up to the time of receiving notice of such revocation. The 
state board of examiners shall immediately cause notice to be sent to the clerk 
of the school district where such teacher is employed and notify the teacher 
through the clerk, of such revocation; and it shall also notify each county superin- 
tendent in the state, and shall enter its action in such case on its records. 

§ 1375. Proceedings to revoke. Teacher allowed defense.] In 
proceedings to revoke a certificate the board of examiners may act upon personal 
knowledge or upon competent evidence obtained from others. In the latter case 
action shall be taken only after a fair hearing, and the teacher must be notified 
of the charge and given an opportunity to make a defense at such time and place 
as may be stated in such notice. Upon their own knowledge the board may act 
immediately without notice, after an opportunity has been afl^orded such teacher 
for personal explanation. When any certificate is revoked the teacher shall 
return it to the secretary of the state board of examiners, but if such teacher 
refuses or neglects so to do the board may issue notice of such revocation by 
publication in some newspaper printed in the county where the accused was last 
employed. 

§ 1376. Fees for certificates.] The state board of examiners shall require 
a fee of five dollars from each applicant for a first grade professional certificate, 
and a fee of three dollars from each applicant for a second grade professional 
certificate or for a special certificate. The same fee shall be charged for a renewal 
of a professional or special certificate as is charged for its issuance. The county 
superintendent shall collect a fee of two dollars from each applicant for an elemeii- 
taiy certificate, and a fee of one dollar for each renewal of an elementary certi- 
ficate. A deposit of the fee required for any certificate sought must be made 
when a permit is issued, which deposit shall be forfeited in case the applicant 
fails to take the following examination. 

§ 1377. Disposition of fees.] One dollar of each fee collected by the 
county superintendent from the applicants for elementary certificates, and all fees 
received for the renewal of elementary certificates shall be paid into the county 
teachers' institute fund to be used in support of teachers' institutes or teachers' 
training schools for the county as provided by law, and one dollar of each fee 
from applicants for elementary certificates shall be forwarded to the state board 
of examiners who shall deposit all fees received by them in the state treasury as 
a fund from which to pay the clerical help, per diem and all other expenses 
incurred by the board in the discharge of their duties, and to aid in the estab- 
lishment and maintenance of teachers' reading circles and in the professional- 
izing of teaching in such other ways as the board may deem advisable. 

ARTICLE 18.— DUTIES OF TEACHERS. 

§ 1378.^^Duties and powers of city and village superintendents.] The 
superintendents of schools in all districts employing such officer, shall, subject to 



STATE OF NORTH DAKOTA , 7J 



the final authority of the board, supervise the administration of the course of 
study, visit schools, examine classes, and have general supervision of the pro-, 
fessional work of the school, including the holding of teachers' meetings and the 
classification of teachers. The superintendent, from time to time, shall make 
reports to the board of education embodying recommendations relative to the 
employment of teachers and janitors, adoption of text books, changes in the 
course of study, enforcement of discipline, and general school matters; and shall 
also make such other reports and perform such other duties as the board of edu- 
cation may direct and delegate. 

§ 1379. Give notice of opening and closing of school.] Each teacher 
on beginning a term of school shall give written notice to the county superin- 
tendent of the time and place of opening such school and the time when it will 
probably close, and prior to receiving salary for the first month each teacher 
must exhibit his certificate or permit to teach to the clerk of the district school 
board. If such school is to be suspended for one week or more in such term the 
teacher shall notify the county superintendent of such suspension. 

§ 1380. When teacher not entitled to compensation.] No teacher 
shall be entitled to or receive any compensation for the time he teaches in any 
public school without a certificate or permit to teach, valid and in force for su h 
time in the county where such school is taught, except that if a teacher's certificate 
shall expire by its own limitation within six weeks of the close of the term, such 
teacher may finish such term without re-examination or renewal of such certificate. 

§ 1381. Teacher's register, what to contain.] Each teacher shall keep 
a school register and at the close of each term make a report containing the num- 
ber of visits of the county superintendent and such items and in such form as 
shall be required. Such report shall be made in duplicate, both copies of which 
shall be sent to the county superintendent who, if he finds such report to be correct, 
shall immediately return one copy to the district clerk to be filed with him. No 
teacher shall be paid the last month's salary in any term until such report shall 
have been approved by the county superintendent and one copy returned to the 
district clerk. 

§ 1382. School YEAR AND school WEEK DEFINED. Holidays.] The school 
year shall begin on the first day of July and close on the thirtieth day of June 
of each year. A school week shall consist of five days and a school month of 
twenty days. No school shall be taught on a legal holiday or on Saturday, 
provided, however, that on February the twelfth (Lincoln's Birthday), February 
twenty-second (Washington's birthday) and May the thirtieth (Memorial day) 
all schools in session shall assemble for a portion of the day and devote the same 
to patriotic exercises consistent with the day, unless such holiday shall fall upon 
Saturday or Sunday. A legal holiday in term time falling upon a day which 
would otherwise be a school day shall be counted and the teacher paid therefor, 
but no teacher shall be paid for Saturday or be permitted to teach on Saturday 
to make up for the loss of a da\ in the term. 

§ 1383. Branches to be taught in all schools.] Each teacher in the 
common schools shall teach pupils as they are sufficiently advanced to pursue 
the same, the following branches: Orthography, reading, writing, arithmetic, 
language lessons, English grammar, geography, and lessons in nature study and 
elements of agriculture. United States history, civil government, physiology 
and hygiene, giving special and thorough instruction concerning the nature of 



72 GENERAL SCHOOL LAWS 



alcoholic drinks and narcotics, and their effect upon the human system. There 
shall also be taught in every school in connection with physiology and hygiene 
simple lessons in the nature treatment and prevention of tuberculosis and other 
contagious and infectious diseases. All pupils in the above mentioned schools 
below the high school and above the third year of school work computing froa 
the beginning of the lowest primary year, shall receive instructions in hygiene 
every year from text books adapted to grade in the hands of pupils for not less 
than four lessons per week for ten weeks of each school year. In all schools 
above mentioned, all pupils in the (three) lowest three primary school years, 
shall each be instructed orally in hygiene for not less than three lessons per week 
for ten weeks of each school year by teachers using text books adapted to grade 
for such instruction as a guide or standard. Each teacher in schools in special 
districts and in the cities organized for school purposes under special law shall 
conform to and be governed by the provisions of this section. 

§ 1384. Teaching humane treatment of animals.] There shall be given 
in the public schools of North Dakota, in addition to other branches of study 
now prescribed, instruction in the humane treatment of animals; such instruction 
shall be oral and shall consist of not less than two lessons of ten minutes each 
per week. 

§ 1385. Teachers' institute and teachers' training schools. Notice. 
Penalty for failure to attend.] When a teachers' institute or teachers' 
training school is appointed to be held in or for any county it shall be the duty of 
the county superintendent to give written or printed notice thereof to each teacher 
in the public schools of the county, and as far as possible to call others not then 
engaged in teaching, who are holders of teachers' certificates, at least ten days 
before the opening of such institute or teachers' training school of the time and 
place of holding it. Each teacher receiving such notice, engaged in teaching a 
term of school which includes wholly or in part the time of holding such institute 
or teachers' training school, shall close school and attend the same and shall be 
paid by the school board of the district his regular salary as teacher for the time 
he a tended such institute or teachers' training school, as certified by the county 
superintendent, but no teacher shall receive pay unless he has attended four days 
nor shall any teacher receive pay for more than five days. The county superin- 
tendent may revoke the certificate of any teacher in his county for inexcusable 
neglect or refusal after due notice, to attend a teachers' institute or teachers' 
training school held for such county. The provisions of this section shall not 
apply to high school teachers, nor to teachers in cities organized for school 
purposes under a special law, nor to teachers in cities organized as independ- 
ent districts under the provisions of this chapter. 

§ 1386. Pupil mat be suspended for cause.] A teacher may suspend 
from school for not more than five days any pupil for insubordination, habitual 
disobedience, or disorderly conduct. In such case the teacher shall give imme- 
diate notice to the parent or guardian of such pupil, and also to some member of 
the district school board of such suspension and the reason therefor. 

§ 1387. Assignment of studies to pupils.] It shall be the duty of the 
teacher to assign to each pupil such studies as he is qualified to pursue, and to 
place him in the proper class in any studies subject to the provisions of section 
1383, provided, that in graded school under the charge of a principal or local 
superintendent, such principal or superintendent shall perform this duty. In 



STATE OF NOETH DAKOTA 73 



case any parent or guardian in a common school district is dissatisfied with such 
assignment or classification, the matter shall be referred to and decided by the 
county superintendent. 

§ 1388. Bible not sectarian book. Reading optional with pupils.] 
The Bible shall not be deemed a sectarian book. It shall not be excluded from 
any public school. It may at the option of the teacher be read in school without 
sectarian comment, not to exceed ten minutes daily. No pupil shall be required 
to read it or to be present in the school room during the reading thereof, con- 
trary to the wishes of his parents or guardians or other person having him in 
charge. 

§ 1389. Moral instruction.] Moral instruction tending to impress upon 
the minds of pupils the importance of truthfulness, temperance, purity, public 
spirit, patriotism, international peace, respect for honest labor, obedience to parents 
and due deference for old age, shall be given by each teacher in the public schools. 

§ 1390. Physical education.] Physical education, which shall aim to 
develop and discipline the body and promote health through systematic exercise, 
shall be included in the branches of study required by law to be taught in the 
common schools, and shall be introduced and taught as a regular branch to all 
pupils in all departments of the public schools of the state, and in all educational 
institutions supported wholly or in part by money from the state. It shall be 
the duty of all boards of education and boards of educational institutions receiving 
money from the state, to make provision for daily instruction in all the schools 
and institutions under their respective jurisdiction, and to adopt such method 
or methods as will adapt progressive physical exercise to the- development, 
health and discipline of the pupils in the various grades and classes of schools 
and institutions receiving aid from the state. 

ARTICLE 19.— INSTITUTES AND ASSOCIATIONS. 

§ 1391. Teachers' county institute fund.] All money received by the 
county superintendent from examination fees for the county institute fund, and 
all money paid into this fund from the county general revenue fund, shall be used 
by him to aid in the support of teachers' institutes or teachers' training schools, 
district teachers' meetings and annual school officers' meetings, to be held within 
or for the county and to pay necessary expenses incurred therein. The county 
uperintendent shall present an itemized statement, duly verified, to the county 
auditor for the amount of all such necessary expenses and the auditor shall issue 
a warrant therefor as provided by law. The county superintendent shall, at 
the end of each year, submit a full and accurate statement of the receipts and 
expenditures of these funds, under oath, to the superintendent of public instruc- 
tion. 

§ 1392. Appropriation for institute fund. Designation of con- 
ductors.] There is hereby appropriated out of any funds in the state treasury 
not otherwise appropriated, the sum of one hundred dollars each year to each 
organized county in the state which shall be designated as the state institute 
fund, and which shall be used exclusively in employing persons of learning, ability 
and experience as conductors, assistants and lecturers, of teachers' institutes. 
The superintendent of public instruction after consultation with the county 
superintendent as to the special needs and wants of their respective counties. 



74 GENEEAL SCHOOL LAWS 



shall appoint the time, place and duration of these institutes, and training schools, 
and shall designate the persons to act as conductors, assistants and lecturers of 
the same, as in his judgment the needs of the various counties demand. 

§ 1393. Institute fund, how paid out.] It shall be the duty of the county 
superintendent of schools in all cases to consult with the state superintendent of 
public instruction in reference to the management of such institute or teacheis' 
training school, and he shall carry out the suggestions of such state superintend- 
ent as to the modes of instruction. No salary shall be paid to any conductor 
or instructor not previously appointed or employed as herein provided. The 
money hereby appropriated from the state treasury for the support of teachers' 
institutes or teachers' training schools shall be paid to the persons to whom it 
is due by warrant of the state auditor upon the state treasurer, which shall be 
issued upon the presentation of an account in due form, verified by the person to 
whom due, and approved by the state superintendent of public instruction; pro- 
vided, that all the state and county institute funds provided by law, of one or 
more counties may be applied to the support of a teachers' training school for 
such county or counties at the request of the county superintendent of such county 
or counties with the '^onsent and under the direction of the state superintendent 
of public instruction. 

§ 1394. Conductor and county superintendent must file statement 
OF number of schools.] Where a teachers' training school of not less than 
three weeks' duration is held within or for any county, the conductor of such 
training school and the county superintendent shall file a certified statement 
with the county auditor, specifying the time and place of such teachers' training 
school and the county superintendent shall certify to the total number of schools 
and separate departments in graded and high schools in said county in which 
school has been taught at least four months during the preceding school year. 
The county auditor shall file a copy of said statement with the county treasurer 
who shall thereupon transfer from the county general revenue fund to the county 
institute fund the sum of two dollars for each school or separate department in 
high and graded schools in the county, as per specified statement filed with the 
county auditor. 

§ 1395. Expenses of conductor, assistants and lecturer, how paid.] 
The traveling and other necessary expenses of institute conductors, assistants 
and lecturers, in counties where a one week's institute is held, shall b paid from 
the institute fund of the county. Upon he filing of an itemized statement, 
with the county auditor of the necessary expenses incurred in connect'on with 
his work as institute conductor, assistant or lecturer, as the case may be, duly 
verified, and approved by the county superintendent of schools, the county 
auditor shall draw a warrant on the county treasurer for the amount due which 
shall be paid from the institute fund of the county. 

§ 1396. Reading circle board.] The state board of examiners shall be 
the state reading circle board and as such shall prescribe the course of reading 
for the teachers' reading circle of the counties of the state and sha 1 make all 
rules and regulations for conducting the reading circle work and granting of 
credit therefor. 



STATE OF NORTH DAKOTA . 75 



ARTICLE 20— FREE TEXT BOOKS. 

§ 1397. Power of board of education.] The school board or board of 
education of each and every school district in the state of North Dakota is hereby- 
authorized and empowered to select, adopt and contract for all books and supplies 
needful for the school or schools under its charge, and the said school board or 
board of education shall have power to purchase the text books and supplies 
selected or contracted for, and provide for the loan free of charge or sale at cost 
of such text books and supplies to the pupils in attendance at such school of 
schools; provided, that no adoption or contract shall be for a period to exceed 
three years; provided, further, that before any publisher or publishers shall 
enter or attempt to enter into any contract with any school board or board of 
education for the sale of text books, as hereinbefore provided, they shall file 
with the superintendent of public instruction of the state of North Dakota a 
list of their books' and the lowest prices at or for which they will sell any or all of 
such books to any school board or board of education in the state of North Da- 
kota, and they, the said publishers, shall deposit with the superintendent of 
public instruction a sample copy of each book so listed, which shall represent 
in style, binding, mechanical execution, general make-up and matter, the book 
or books they offer to sell to the school board or board of education at or for the 
prices listed and in no case shall prices be raised above said listed price as filed. 
It shall be the duty of the superintendent of public instruction to furnish a certi- 
fied copy of the list of books and prices filed in accordance with the provisions of 
this section to the district clerk of each school district in the state of North 
Dakota, through the office of the county superintendent. 

§ 1398. Free text books provided. When.] Whenever in the judg- 
ment of the board it is desirable or necessary to the welfare of the schools in the 
district or to provide for the children therein better school privileges, or whenever 
petitioned so to do by two-thirds of the voters of the district, the board shall 
provide free text books and supplies for all schools under its charge, in such manner 
as hereinbefore provided. All books purchased in accordance with the provisions 
of this article shall be paid for out of the school funds of the respective districts, 
and it shall be the duty of school boards and boards of education to see that 
sufficient funds are raised and set aside for the purpose of this article. The clerk 
of each district shall also keep a record of all books furnished the schools in the 
district. 

§ 1399. Text books in districts not having free text book system.] 
In any district which does not have the free text book system, the person in charge 
of any child in school shall provide it with suitable text books, which shall be 
those adopted by the school board and necessary to its reasonably successful 
progress in class in all of the subjects of study for the grade to which it is assigned 
by its teacher. 

ARTICLE 21.— SPECIAL PROVISIONS. 

§ 1400. United States flag to be displayed.] The school board or board 
of education of any city, town, or district, is authorized and required to pu chase 
at the expense of the city, town or district, one or more flags of the United States, 
which shall be displayed in seasonable weather, upon the school hous s or flag- 



76 GENEEAL SCHOOL LAWS 



staff upon the school grounds during the school hours of each day's session of 
school. 

§ 1401. Superintendents, principals, teachers attending the North 
Dakota educational association.] The board of education in special or inde- 
pendent districts, or the school district board in any common school 
district is hereby authorized to allow the superintendent, principal or teachers 
of the, schools under its charge, to attend, without loss of salary, any meeting 
of the North Dakota or other educational association which may be held within 
this state while the schools of such district are in session. 

§ 1402. Free kindergartens may be established, cost, how paid, 
government. duty of superintendent of public instruction.] the 
school board of any school district in the state, upon a petition signed by a ma- 
jority of the legal voters in the district, shall establish and maintain free kinder- 
gartens in connection with the public schools of said district, for the instruction 
of children between four and six years of age, residing in said district: provided, 
that in cities of over five thousand inhabitants such board shall establish and 
maintain such kindergarten upon petition of one-fifth of the legal voters; and 
shall establish such course of training, study and discipline and such other rules 
and regulations governing such preparatory or kindergarten schools as said 
board may deem best; provided, that nothing in this act shall be construed to 
change the law relating to the taking of the census of the school population or 
of the apportionment of the state or county school funds among the several 
counties and districts in the state; piovided, further, that the cost of establishing 
and maintaining such kindergartens may be paid from the school funds of said 
district raised by direct taxation for such purpose, and the said kindergartens 
shall be a part of the public school system, and governed as far as practicable, 
in the same manner and by the same oflficers as are provided by law for the 
government of the other public schools of the state; provided, further, that no 
person shall be employed as a teacher in such kindergarten schools who has not 
passed a satisfactory examination in such subjects as the state examining board 
shall require. The state examining board shall adopt rules governing the exam- 
ination of kindergarten teachers, and shall furnish county superintendents with 
examination questions and the examination shall be held in the manner provided 
by law for the examination of teachers in the public schools; provided, further, 
that any person who shall complete the course of training for kindergarten teachers 
at the state normal schools shall be entitled to teach in the kindergarten schools 
of this state without examinations. 

§ 1403. Health and decency.] It shall be the duty of all boards of edu- 
cation and school boards in this state to provide suitable and convenient water 
closets or privies for each of the schools imder their charge, at least two in number 
which shall be entirely separate, each from the other, and having separate means 
of access; and it shall be the duty of the school officers aforesaid to keep the same 
in a clean, chaste and wholesome condition; and a failure to comply with the pro- 
visions of this article on the part of any board of education or school board, 
shall be sufficient grounds for removal from office and for withholding from any 
district any part of the county tuition fund. 



STATE OF NORTH DAKOTA 77 



ARTICLE 22— CHILD LABOR. 

§ 1404. Unlawful to employ children under fourteen years.] No 
child under fourteen years of age shall be employed, permitted or suffered to work 
in or in connection with any mine, factory, workshop, mercantile establishment, 
store, business office, telegraph office, restaurant, hotel, apartment house or in 
the distribution or transmission of merchandise or messages. It shall be un- 
lawful for any person, firm or corporation to employ any child under fourteen 
years of age in any business or service whatever, during the hours when the 
public schools of the district in which the child resides are in session. 

§ 1405. Employment of child under sixteen years.] No child between 
fourteen and sixteen years of age shall be employed, permitted or suffered to work 
in any mine, factory, workshop or mercantile establishment unless the person 
or corporation employing him procures and keeps on file, and accessible to the 
superintendent of schools of the city or village, if one is employed, otherwise, 
to the clerk of the school board or board of education, an employment certificate 
as hereinafter prescribed, and keeps two complete lists of all such children employed 
therein, one on file and one conspicuously posted near the principal entrance of 
the building in which such child is employed. On termination of the employ- 
ment of a child so registered and whose certificate is so filed, such certificate shall 
be forthwith surrendered by the employer to the child or its parent, or guardian 
or custodian. The superintendent of schools or clerk of the school board or 
board of education, as the case may be, may make demand on an employer in 
whose factory a child apparently under the age of sixteen years is employed or 
permitted or suffered to work and whose employment certificate is not then filed 
as required by this act, that such employer shall either furnish him within 
ten days evidence satisfactory to him that such child is in fact over sixteen years 
of age, or shall cease to employ or permit or suffer such child to work in such 
factory. The superintendent of schools of the city or village or clerk of the school 
board or board of education may require from such employer the same evidence 
of age of such child as is required on the issuance of an employment certificate; 
and the employer furnishing such evidence shall not be required to furnish any 
further evidence of the age of the child. In case such employer shall fail to pro- 
duce and deliver to the superintendent of schools of the city or village or the clerk 
of the school board or board of education, as the case may be, within ten days 
after such demand, such evidence of age herein required by him, and shall there- 
after continue to employ such child or permit or suffer such child to work in such 
factory, proof of the giving of such notice and of such failure to produce and file 
such evidence shall be prima facie evidence in any prosecution brought for a 
violation of this act that such child is under sixteen years of age and is unlawfully 
employed. 

§ 1406. Who authorized to issue employment certificates.] The 
superintendent of schools of the city or village, if one is employed, and if not, 
then the clerk of the school board or board of education, is hereby authorized to 
issue an employment certificate in writing, such certificate is to be issued upon 
the evidence prescribed in section four of this act; provided, that no employment 
certificate shall be issued for any child then in or about to enter his own employ- 
ment or the employment of a firm or corporation of which he is a member, officer 
or employee. 



78 GENERAL SCHOOL LAWS 



§ 1407. Employment certificate, on what issued.] The person author- 
ized to issue employment certificate shall not issue such certificate until he has 
received, examined, approved and filed the following papers duly executed: 

1. The school record of such child properly filled out and signed as provided 
in this act 

2. A passport or duly attested transcript of the certificate of birth or bap- 
tism or other religious record, showing the date and place of birlh of such child. 
A duly attested transcript of the birth certificate filed according to law with a 
registrar of vital statistics, or other officer charged vnth. the duty of recording 
births, shall be conclusive evidence of the age of such child. 

3. The affidavit of the parent or guardian or custodian of a child, which 
shall be required, however, only in case such last mentioned transcript of the 
certificate of birth be not produced and filed, showing the place and date of birth 
of such child, which afl&davit must be taken before the officer issuing the employ- 
ment certificate, who is hereby authorized and required to administer such oath, 
and who shall not demand or receive a ee therefor. Such employment certific .te 
shall not be issued until such child has personally appeared before and been ex- 
amined by the officer issuing the certificate, and until such officer shall, after 
making such examination, sign and file in his office a statement that the child 
can read and legibly write simple sentences in the English language and that in 
his opinion the child is fourteen years of age or upwards, and has reached the 
normal development of a child of its age, and is in sound health and is physically 
able to perform the work which it intends to do. In doubtful cases such physical 
fitness shall be determined by a medical officer of the board or department of 
health. Every such employment certificate shall be signed, in the presen'ce of 
the officer issuing the same, by the child in whose name it is issued. 

§ 1408. Contents of certificates.] Such certificates shall state the date 
and place of birth of the child and describe the color of the hair and eyes, the 
height and weight and any distinguishing marks of such child, and that the papers 
required by the preceding section have been duly examined, approved and filed 
and that the child named in such certificate has appeared before the officer 
signing the certificate and been examined. 

§ 1409. School record, what to contain.] The school record required by 
this act shall be signed by the principal or chief executive officer of the school 
which such child has attended and shall be furnished, on demand, to a child en- 
titled thereto. It shall contain a statement certifying that the child has regu- 
larly attended the public schools or schools equivalent thereto or parochial 
schools for not less than one hundred and twenty days during the school year 
previous to his arriving at the age of fourteen years or during the year previous 
to applying for such school record and is able to read and write simple sentences 
in the English language and has received during such period instruction in reading, 
spelling, writing, English grammar and geography and is familiar with the funda- 
mental operations of arithmetic up to and including fractions. Such school 
record shall also give the age and residence of the child as shown on the records 
of the school and the name of its parent, guardian or custodian. 

§ 1410. Hours of labor.] No person under the age of sixteen years shall 
be employed or suffered or permitted to work at any gainful occupation more 
than forty-eight hours in any one week, nor more than eight hours in any one 
day; or before the hour of seven o'clock in the morning or after the hour of 



STATE OF NOETH DAKOTA 79 



seven o'clock in the evening. Every employer shall post in a conspicuous place 
in every room where such minors are employed a printed notice stating the hours 
required of them each day of the week, the hours of commencing and stopping 
work and the hours when the time or times allowed for dinner or for other meals 
begin and end. The printed form of such notice shall be furnished by the super- 
intendent of schools of the city or village, or the clerk of the school board or board 
of education, and the employment of any minor for longer times in any day so 
stated shall be deemed a violation of this section. 

§ 1411. Peace officers to inspect places of work.] Peace officers may 
visit mines, factories, workshops and mercantile establishments in their several 
towns and cities and ascertain whether any minors are employed therein con- 
trary to the provisions of this act; and it shall be their duty to report any cases 
of such illegal employment to the school board or board of education. Such 
officer may require that the employment certificates and lists provided for in this 
act of minors employed in such factories, mines, workshops or mercantile estab- 
lishments shall be produced for their inspection. Complaints for offenses under 
this act may be made by such peace officer or by any other person cognizant of 
the facts. 

§ 1412. Employments.] No child under the age of sixteen years shall be 
employed at sewing belts, or to assist in sewing belts, in any capacity whatever; 
nor shall any child adjust any belt to any machinery, they shall not oil or assist 
in oiling, wiping or cleaning machinery; they shall not operate or assist in operat- 
ing circular or band saws, wood shapers, wood-joiners, planers, sand-paper or 
wood polishing machinery, emery or polishing wheels used foi polishing metal, 
wood-turning, or boring machinery, stamping machines in sheet metal and tin- 
ware manufactiurng, stamping machines in washer and nut factories, operating 
corrugating rolls, such as are used in roofing factories, nor shall they be employed 
in operating any steam boiler, steam machinery, or other steam generating appar- 
atus, or as pin boys in any bowling alleys; they shall not operate or assist in 
operating dough brakes, or cracker machinery of any description; wiie or iron 
straightening machinery; nor shall they operate or assist in operating rolling mill 
ma,chinery, punches or shears, washing, grinding or mixing mill or calendar rolls 
in rubber manufacturing; nor shall they operate or assist in operating laundry 
machinery; nor shall children be employed in any capacity in preparing any 
composition in which dangerous or poisonous acids are used, and they shall not 
be employed in any capacity in the manufacture of paints, colors or white lead; 
nor shall they be employed in any capacity whatever in operating or assisting 
to operate any passenger or freight elevator; nor shall they be empolyed in any 
capacity whatever in the manufacture of goods for immoral purposes, or any 
other employment that may be considered dangerous to their lives or limbs, or 
where their health may be injured, or morals depraved; nor in any theatre, con- 
cert hall, or place of amusement wherein intoxicating liquors are sold; nor shall 
females under the age of sixteen years of age be employed in any capacity where 
such employment compels them to remain standing constantly. 

§ 1413. Penalty for violation of this act.] Each owner, superintendent, 
manager or overseer of any mine, factory, workshop or mercantile establish- 
ment, and any other person who shall employ any child contrary to the provisions 
of this act or who shall in any manner violate the provisions thereof, shall be 
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for 



80 GENEEAL SCHOOL LAWS 



each offense in a sum not less than twenty dollars nor more than fifty dollars 
and costs. Each person authorized to sign a certificate as prescribed in the pre- 
ceding section who certifies to any material false statement therein shall be 
deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined 
not less than twenty dollars nor more than fifty dollars and costs. 

§ 1414. Prosecution, how brought.] Prosecutions under this act shall 
be brought in the name of the state of North Dakota before any court of competent 
jurisdiction, and the fines collected shall be paid over to the county treasurer 
and by him credited to the school funds of the state. 

ARTICLE 23.— MAINTENANCE OF EDUCATIONAL INSTITUTIONS. 

§ 1415. Free public schools.] The state university and school of mines 
at Grand Forks, the agricultural college at Fargo, the state normal school at 
Valley City, the state normal school at Mayville, the state normal school at Minot, 
the school for the deaf and dumb at Devils Lake, the school of forestry at Bot- 
tineau, the North Dakota academy of science at Wahpeton, and the normal 
industrial school at Ellendale, and all other schools heretofore established by 
law and maintained by taxation, constitutes the system of "free public schools" 
of the state. 

§ 1416. Maintenance of state educational institutions.] For the 
purpose of providing for the maintenance of the state university and school of 
mines at Grand Forks, the agricultural college at Fargo, the state normal school 
at Valley City, the state normal school at Mayville, the state normal school at 
Minot, the school for the deaf and dumb at Devils Lake, the school of forestry 
at Bottineau, the North Dakota academy of science at Wahpeton, the normal 
and industrial school at Ellendale, as a part of the public school system of this 
state, there is hereby levied upon all taxable property in the state, real and per- 
sonal, an annual tax of $347,880. 
§ 1417. (Repealed.) 

§ 1418. Taxes, how apportioned.] Such taxes so levied shall be appor- 
tioned by the state treasurer to the several institutions herein mentioned as 
follows : 

$102,720 to the state university and school of mines at Grand Forks; 

$61,800 to the agricultural college at Fargo; 

$41,580 to the state normal school at Minot; 

$46,200 to the state normal school at Valley City; 

$36,960 to the state normal school at Mayville; 

$18,480 to the school for the deaf and dumb at Devils Lake; 

$6,180 to the school of forestry at Bottineau; 

$21,600 to the normal and industrial school at Ellendale; 

$12,360 to the school of science at Wahpeton; provided, that all moneys 
hereafter collected pursuant hereto shall be apportioned as herein provided. 

§ 1419. Moneys, how APPROPRIATED.] The moneys collected from the taxes 
hereinbefore levied are hereby appropriated for the maintenance of the state 
university and school of mines at Grand Forks, the agricultural college at Fargo, 
the state normal school at Valley City, the state normal school at Mayville, the 
state normal school at Minot, the school for the deaf and dumb at Devils Lake, 
the academy of science at Wahpeton, the school of forestry at Bottineau, and the 



STATE OF NOETH DAKOTA 81 



normal and industrial school at Ellendale, the same to be paid in twelve monthly- 
installments to the board of trustees of the several institutions herein mentioned 
and in proportion as herein provided, upon the vouchers of said board signed by 
their respective presidents. The moneys herein appropriated shall be used only 
for the payment of the expense of maintenance of the several institutions specified, 
it being the intent hereby to set aside and repeal the mill tax and to substitute 
in lieu thereof a specific standing appropriation in addition to the appropriation 
appearing in the general appropriation act enacted by the legislative assembly. 

§ 1420., Funds, when paid over.] All moneys received as interest, all 
moneys received for rents, for penalties, for permits, and all moneys received 
from any other source from the respective lands of the different educational 
institutions hereinafter mentioned (except moneys received as principal from 
the sale of lands belonging to the agricultural college, lands belonging to the 
state university and school of mines, lands belonging to the two normal schools, 
lands belonging to the normal and industrial school), shall be paid over to the 
respective treasurers of the educational institutions above mentioned, by the 
state auditor on the first day of January, April, July and October in each year. 
The funds herein referred to shall be subject to the order of the respective 
boards of trustees of each institution hereinbefore mentioned and shall be used 
for the maintenance of such institutions respectively. 

ARTICLE 24.— CERTAIN ACTS LEGALIZED. 

§ 1421. Acts legalized.] Where the officers of any incorporated city, 
village or school district of this state shall have incurred indebtedness and issued 
warrants or orders for the erection, purchase, repair or maintenance, within and 
for said city, village or school district for school or other buildings, or water 
works, gas or electric light plants, public wells, cisterns, fire apparatus, or legiti- 
mate corporate purposes for said city, village or school district, or to pay for or 
to raise money for any such purpose, and said warrants or orders are outstanding, 
or held in the general revenue or other funds of said city, village or school district, 
in any or all such cases where said warrants or orders are within the debt 
limit, the same are hereby legalized and are declared to be the valid indebtedness 
of such city, village or school district, and in every case where the city council 
or city commissioners, village board of trustees, school board or board of edu- 
cation thereof shall have heretofore or shall hereafter determine by resolution 
or ordinance, that it was or is for the best interests of the city, village or school 
district to issue its negotiable bonds in the name of the city village or school 
district for the sole purpose of funding such indebtedness, and shall have been 
or shall be authorized to issue such bonds, by a majority vote of the qualified 
electors of such city, village or school district, voting thereon at any regular or 
special election legally called and held after public notice thereof as required by 
law, and if such bond shall have been or shall be executed, sold and delivered for 
value, and the proceeds arising from such sale shall have been or shall be applied 
exclusively to the express purpose of funding such warrants or orders, then in 
every case such bonds whether engraved, lithographed or printed on bond paper, 
shall, when executed, sold and delivered as provided by law, be deemed, and 
hereby are declared to be valid and subsisting indebtedness of the city, village 
or school district issuing the same. 



82 GENEEAL SCHOOL LAWS 



§ 1422. Pending actions not affected. Debt limit.] This act shall 
not affect any actions now pending in which the validity of any such warrants, 
orders, bonds or indebtedness is called in question; providing, however, that 
the issue of such bonds shall not be construed to be an increase of the indebtedness 
of the municipality and the proceeds of sales of such bonds shall be applied exclu- 
sively towards the discharge of the indebtedness of such city, village or school 
district referred to in section 1421 of this act. 

STATE BOARD OF EDUCATION. 

§ 1423. The board and membership.] There is hereby created a state 
Board of Education, to be composed of the president of the university, president 
of the agricultural college, the state superintendent of public instruction, the 
state inspector of graded and rural schools, the state high school inspector, each 
ex-officio, and a state normal school president, to be designated by the governor 
of the state from the normal schools in the order of the establishment of the insti- 
tutions which they represent, and an industrial school president, to be 
designated by the governor of the state from the industrial schools, in the order 
of the establishment of the institutions which they represent, a county superin- 
tendent of schools, and a male citizen who is not connected with the educational 
system, each to be designated by the governor. 

§ 1424. Appointment and terms.] The governor shall appoint by the 
advice and consent of the senate, during the thirteenth legislative assembly; 
a normal school president, an industrial school president, a county superin- 
tendent, and a male citizen, as members of the State Board of Education, for a 
term from July 1, 1913, to the first Tuesday in April, 1915, and thereafter during 
the session of the legislativ.e assembly, for a term of two years from the first 
Tuesday in April of each odd numbered year. No normal school or industrial 
school shall be represented a second time on the State Board of Education by its 
president until each normal school and each industrial school has been repre- 
sented on the State Board of Education by its president. 

§ 1425. Compensation.] The members of the State Board of Education 
not receiving salaries from the state, county, or state institutions, shall receive 
three dollars for each day employed, and all members of the board shall receive 
the actual and necessary expenses incurred in attending meetings of the board 
and in the performance of all duties in connection therewith, which shall be paid 
out of the state treasury on the voucher of the board, as provided by law. 

§ 1426. Meetings.] The board shall hold six regular meetings, one in 
each of the months of July, September, November, January, March and May of 
each year, and all such meetings shall be held at one of the state educational 
institutions, at the state capitol, or at such place as the board may determine. 
The board may hold, at its discretion, special meetings, of which due notice 
stating special purposes shall be given, and which may be held at any place 
within the state, but it shall not meet to exceed twelve times a year. The state 
superintendent of public instruction shall be the president of the board, and his 
deputy shall be secretary with such compensation as the board may determine. 

§ 1427. Powers and duties.] The duties of the State Board of Examiners 
established for the purpose of granting certificates to persons desirous of teaching 
in the state of North Dakota, as provided for in Chapter 266 of the Session Laws 



STATE OF NORTH DAKOTA 83 



of 1911, Sections 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 
259, 260, 261, 262, 263, 264, 265 and 266, are hereby made a part of the duties 
of the State Board of Education, and all authority and powers granted to the 
said Board of Examiners are hereby transferred and made a part of the duties of 
the State Board of Education. The State Board of Education is further author- 
ized to establish such rules as may be found necessary to secure uniformity and 
best results among the schools receiving state aid, as rural, graded or consolidated 
schools, as provided in Chapter 35 of the Session Laws of 1911. The duties of 
the state agricultural and training school board, as defined in Chapter 265 of the 
general laws of 1911, are hereby transferred to the State Board of Education, 
and made a part of its duties. The duties of the state high school board, as de- 
fined in Chapter 267 of the Session Laws of 1911, are also hereby transferred to 
the State Board of Education, and made a part of its duties. The rules and regu- 
lations for classification of state, rural, graded and consolidated schools, as pro- 
vided for by law, shall be made by the State Board of Education. Provided, also, 
that the classification of those schools and apportioning of the funds, as provided 
by law, shall be under the control of the State Board of Education, and it shall 
perform such other functions as the legislature may from time to time confer 
upon it. 

§ 1428. Visitations and inspections.] The State Board of Education, 
or their representatives or inspectors, may visit, examine into and inspect any 
educational institution under the supervision of the state, and may require as 
often as desired duly verified reports therefrom, giving such information in such 
form as the superintendent of public instruction or the Board of Education may 
prescribe. 

§ 1429. Appointment by superintendent of public instruction.] The 
superintendent of public instruction shall appoint the deputy superintendent of 
public instruction, state consolidated, graded and rural school inspectors or as- 
sistants, high school inspectors, clerks and others in the office of the superintendent 
of public instruction provided by law. 

HIGH SCHOOL AID. 

§ 1430. State Board of Educatioist. Powers.] The State Board of 
Education shall have general supervision over secondary education in the state, 
and shall perform the duties and have and exercise the powers hereinafter men- 
tioned. 

§ 1431. Schools classified.] Any public graded school in any city or 
incorporated village or township, organized into a district, under the township 
or district system, which shall give instruction according to the terms and pro- 
visions of this act, and shall admit pupils of either sex from any part of the state 
without charge for tuition in the secondary school or high school department, 
shall be entitled to be classified as a state high school, and to receive pecuniary 
aid as hereinafter specified; provided, however, that no such school shall be re- 
quired to admit non-resident pupils unless they pass an examination in orthog- 
raphy, reading in English, penmanship, arithmetic, language and grammar, 
modern geography and the history of the United States; provided, however, 
that in case of state high schools having an agricultural department, pupils pur- 
suing courses in said department shall be admitted into the seventh and eighth 
grades, and secondary school department without charge for tuition. 



GENBEAL SCHOOL LAWS 



§ 1432. Requirements fob classification.] The said board shall require 
of the schools applying for such pecuniary aid compliance with the following 
conditions, to- wit: 

1. That there shall be adequate school buildings conforming to modern ap- 
proved ideas respecting heating, lighting, ventilation and sanitation, and under 
no circumstances shall aid be given to or continued when the board of education 
fails to or refuses to comply with reasonable requirements of this character. 

2. That theie shall be regular and orderly courses of study in the eight grades 
of the elementary school, together with all subjects prescribed by the said board 
for the first two years of the secondary school curriculum. 

3. That the said secondary school receiving pecuniary aid under this article 
shall at all times permit members of the state board of education, or anyone 
appointed by said board, to visit and examine the classes pursuing said elementary 
and secondary school courses, and make recommendations concerning the con- 
duct of such school. 

§ 1433. High school inspector. How appointed. Salary and ex- 
penses. Schools to receive state aid. Appropriations.] The state board 
of education shall appoint a high school inspector, upon the nomination of the 
superintendent of public instruction, who shall be a graduate of a college or a 
university of recognized standards, and shall have had five years of successful 
experience either as principal of a high school or- superintendent of city schools 
in North Dakota. The board shall prescribe his duties. His term of office 
shall be two years, provided that the inspector appointed in 1911 shall hold office 
for two years from July 1, 1911. The yearly salary of said inspector shall not 
exceed two thousand dollars, as may be fixed by the state board of education. 
Such salary shall be payable monthly on warrant of the state auditor from the 
general fund of the state. It shall be the duty of the secretary of the state board 
of education to notify the state auditor, prior to July 1st of each year, the amount 
of salary which has been fixed for the biennial period. 

The state high school inspector shall receive his actual and necessary expenses 
incurred in the discharge of his official duties; such duties under the direction 
of the state board of education may take him outside of the state of North Dakota, 
and in such cases all his actual and necessary expenses shall be paid. These 
expenses, which shall not exceed twelve hundred (.11200) dollars in any given 
year, shall be paid from the general fund of the state upon itemized vouchers 
properly approved. 

The said state high school inspector, under the direction of the state board of 
education, shall carefully inspect the instruction, discipline and all conditions af- 
fecting the efficiency of the high schools of the state receiving aid under this arti- 
cle, and make a written report on the same; provided, that no money shall be paid 
in any cases until such report shall have been received, examined and the work 
of the school approved by the board. The said board shall receive applications 
from such schools for aid as hereinafter provided, which applications shall be 
received and acted upon in the order of their reception. The said board shall 
apportion to each of said schools, which shall have fully complied with the pro- 
visions of this article, and whose applications shall have been approved by the 
board, the following sum, to-wit: two thousand five hundred dollars annually 
to each of the five schools already designated, having an agricultural, manual 
training and domestic economy department; eight hundred dollars each year 



STATE 0-b^ NORTH DAKOTA 85 



to each school maintaining a four year high school curriculum and doing four 
years of high school work; the sum of five hundred dollars each year to each school 
having a three-year high school curriculum and doing three years of high school 
work; and the sum of three hundred dollars each year to each school having a 
two-year high school curriculum and doing two years of high school work; (and 
two hundred dollars to schools doing one year high school work where two or 
more teachers are employed;) provided that the moneys so apportioned to any 
high school shall be used to increase the efficiency of high school work; provided, 
further, that the total amount of apportionment, expenses and salary under this 
act, except salary and expenses of the inspector provided for above, shall not 
exceed eighty five thousand dollars annually. The sum of eighty-five thousand 
dollars, is hereby appropriated annually for the purpose of this act, to be paid 
out of any moneys in the state treasury not otherwise appropriated, which amount, 
or so much thereof as may be necessary, shall be paid upon the itemized vouchers 
of said board, duly certified and filed with the state auditor; provided that in 
case the amount appropriated and available under this article for the payment 
of aid to such schools shall in any year be insufficient to apportion each of such 
schools as are entitled thereto the full amount intended to be apportioned to the 
high schools of the various classes, then, in such case, two thousand five hundred 
dollars shall be apportioned to each of the five schools having an agricultural, 
manual training and domestic economy department, and the remainder of such 
amount as is appropriated and available shall be apportioned pro rata among 
the schools entitled thereto; provided, further, that with the approval of the state 
board of education, the money appropriated by the state to the high schools 
designated to maintain departments of agriculture, manual training and domestic 
economy may be used for the extension of agricultural education and demon- 
stration outside of the district in which the school is located, within the limits 
of efficiency. 

§ 1434. Schools to maintain departments of agriculture. How 
DESIGNATED. REQUIREMENTS.] Any statc high school having satisfactory 
rooms, equipment and a tract of land of at least ten acres within one mile of the 
school house, having shown itself fitted by location and otherwise to do agri- 
cultural work; having trained instructors in agriculture, manual training and 
domestic economy; maintaining well organized short courses and agricultural, 
manual training and domestic science and art courses, and meeting such other 
requirements as the state board of education may define, shall upon application 
be designated by said board to maintain an agricultural departmment; provided, 
that the high schools now designated and those hereafter designated to main-^ 
tain departments of agriculture, manual training and domestic economy shall 
continue to be so designated and aided so long as they comply with the rules and 
regulations of the state board of education and perform satisfactorily the work 
contemplated by this section. 

§ 1435. National and state aid. One school in county.] In addition 
to the state aid of two thousand five i undred dollars herein provided for a sta e 
high school having an agricultural department as defined in Section 1434 of this 
act, shall receive its proportionate share of all moneys appropriated by the national 
government for the teaching of elementary or secondary agriculture in the public 
or high schools of this state; provided, that said high schools having an agricul- 
tural department shall not receive more than two thousand five hundred dollars 



86 GENEEAL SCHOOL LAWS 



of aid from the state under this act; provided, further, that no more than one 
high school in any county shall be designated a state high school having an agri- 
cultural department and receiving two thousand five hundred dollars state aid. 

§ 1436. Compensation of board members, clerical service, salary, 
EXPENSES.] The ex-officio members of the board shall serve without compensa- 
tion, but the appointive members shall receive a per diem of three dollars while 
actually on duty as members of the board. 

The necessary expenses of all members of the board while on duty as members, 
salary and expenses of the clerical help of the examiner and of the readers of the 
state board of education examination papers, and other necessary expenses of 
administration, shall be paid from the "State High School Aid" fund, and in the 
manner provided by law for salaries and expenses of other state officers. 

§ 1437. Annual meeting. Organization. Powers. Assistant ex- 
aminers.] The board shall hold a regular meeting in the months of July, Septem- 
ber, November, January, March and May of each year. 

The board shall have full discretionary power to consider and act upon appli- 
cations of schools for state aid, and to prescribe conditions upon which such aid 
shall be granted; and it shall be its duty to accept and aid such schools only as 
will, in its opinion, if aided, efficiently perform the seivice contemplated by law. 
The period for which a school shall be classified shall be one year. The board 
shall have power to establish any necessary and suitable rules and regu- 
lations relating to qualifications of teachers and superintendents, to examina- 
tions, reports, acceptance and classification of schools, curricula, and other 
proceedings implied under this article. The examiner shall report the results 
of the state board of education examinations annually to the superintendent of 
public instruction, who shall publish the same in the biennial report. Readers 
of state board of education examination papers shall be appointed by the examiner 
of the state board of education, and shall be entitled to receive such compensa- 
tion as the board may allow. 

§ 1438. Annual report of inspector. Board shall keep record and 
make report.] The said high school inspector shall make, on or before August 
1st, an annual report to the state board of education concerning the previous 
school year, showing the names and number of schools receiving state aid, the 
number of pupils enrolled, and other matters as directed by the board, and the 
said board shall cause the same to be published. Said board shall keep a rec- 
ord of all proceedings, and shall biennially make a report to the governor of 
the receipts and disbursements, matters of general importance regarding the 
schools aided, and shall add any recommendations that it deems useful and 
proper. This report shall be included and made a part of the printed report 
of the state superintendent of public instruction. 

RURAL SCHOOLS. 

§ 1439. Purpose.] The purpose of this act shall be to aid, encourage, 
stimulate and standardize the rural, consolidated and graded schools of the state, 
and thereby increase the efficiency of the entire educational system of this state. 

§ 1440. Graded, consolidated and rural schools may obtain state 
aid.] Any public school in any common school district in the state, or any 
public school in any city, town or village, or any consolidated school in the state. 



STATE OF NORTH DAKOTA 87 



not entitled to aid as a state high school, but fully complying with the conditions 
o this act relating to state graded schools, and any public school in any common 
school district in the state not located in any incorporated city, town or village, 
but fully complying with the conditions of this act relating to state rural 
schools, may receive aid as hereinafter provided for state consolidated schools, 
state graded schools and state rural schools. 

§ 1441. Conditions to be complied with by the state graded schools 
IN ORDER TO OBTAIN AID.] State graded schools shall be of two classes, viz: 
first and second class. First class: In order to be entitled to aid as a state 
graded school of the first class, such school shall for the school year next preceding 
that for which aid is granted have complied with the following conditions: 
First, it shall have maintained at least nine months' school. Second, it shall be 
well organized, having at least four departments under the supervision of efficient 
teachers. The principal shall be a graduate of a normal or other institution of 
higher learning or shall hold a professional certificate, and each department 
of such school shall be taught by a teacher having at least a first grade elementary 
certificate. Third, it shall have a suitable school building, properly lighted, heated 
and ventilated, sanitary and commodious outhouses, and other necessary accom- 
modations, library and such other apparatus as is necessary to do efficient work. 
Fourth, such school shall have a regular and orderly course of study, and shall in- 
clude the first two years of a high school course, as suggested by the state board of 
education, as well as courses in domestic science and either manual training or ele- 
mentary agriculture, and shall comply with such rules as may be established 
by the state board of education. 

Second Class: In order to be entitled to aid as a state graded school of the 
second class, such school shall have complied with the following conditions for the 
school year next preceding that for which aid is granted, viz: First, it shall 
have maintained at least nine (9) months' school. Second, it shall be well organ- 
ized, having at least two departments under the supervision of proficient teachers. 
The principal shall be a graduate of a normal school or other institution of higher 
learning or shall hold a professional certificate, and each department of such 
school shall be taught by a teacher having a first grade elementary certificate, 
or better. Third, it shall have a suitable school building, properly lighted, 
heated and ventilated; sanitary and commodious outhouses and other necessary 
accommodations, a library, and such other apparatus as is necessary to do effi- 
cient work. Fourth, such school shall have a regular and orderly course of 
study as prescribed in the state course of study for common schools, courses in 
domestic science, and either manual training or agriculture, and shall comply 
with such rules as may be established by the state board of education. 

§ 1442. Conditions for obtaining aid as a state rural school.] State 
rural schools shall be of two classes, viz: First and second class. 

First Class In order to be entitled to aid as a state rural school of the first 
class, such school shall have complied with the following conditions during the 
school year next preceding that for which aid is granted; First, such school shall 
have maintained at least nine (9) months" school. 

Second: It shall be tavight by a teacher of successful Experience, holding a 
first grade elementary certificate, or a certificate of higher grade. 

Third: It shall have a suitable school building, properly lighted, heated and 



GENEEAL SCHOOL LAWS 



ventilated; sanitary and commodious outhouses and other necessary accommo- 
dations, a library and such other apparatus as is necessary to do efficient work. 

Fourth: Such school shall have a regular and orderly 'course of study as pre- 
scribed in the state course of study for common schools, including elementary 
agriculture, and shall comply with such rules as may be established by the state 
board of education. 

Second Class: In order to be entitled to aid as a state rural school of the 
second class, such school shall have complied with the following conditions 
for the school year next preceding that for which aid is granted, viz: 

First: Such school shall have maintained at least eight (8) months' school. 

Second: It shall be taught by a teacher of successful experience, holding a 
second grade elementary certificate or a certificate of higher grade. 

Third: It shall have a suitable school building, properly lighted, heated 
and ventilated, sanitary and commodious outhouses, and other necessary ac- 
commodations, library and such other apparatus as is necessary to do efficient 
work. 

Fourth: Such school shall have a regular and orderly course of study as is 
prescribed in the state course of study for common schools, including elemen- 
tary agriculture, and shall comply with such rules as may be established by the 
state board of education. 

§ 1443. Application to be mad-e to the county superintendent of 
SCHOOLS.] Applications from schools for the aid herein provided in the case 
of state graded, consolidated and state rural schools, shall be made to the county 
superintendent of schools of the county in which such schools are located. The 
county superintendent shall forward to the state superintendent of public in- 
struction such applications as are endorsed and recommended by him, together 
with a certificate of the superintendent of the county wherein the school making 
such application is situated, to the effect that such school has fully complied 
with the conditions mentioned in Section 1441 of this act, in the case of 
state graded or state consolidated schools, and with the conditions mentioned 
in Section 1442 of this act, in the case of state rural schools, and in addition 
the rules established by the state board of education. The county superin- 
tendent shall also file with the inspector when requested to do so by that officer 
a certified list of such schools as have met the requirements for classification. 

§ 1444. Inspection of schools. State school inspector. Appointment. 
Qualifications. Salary and expenses. Duties and reports. Assist- 
ant inspector.] Application for aid to state giaded schools, state rural schools 
or state consolidated schools which have the endorsement and recommenda- 
tion of the county superintendent wherein such schools aie located shall be 
filed in the office , of the state superintendent of public instruction; and before 
any apportionment of any aid can be made under the provision of this act, 
such school shall be duly inspected and recommended for classification by an 
officer to be known as state inspector of rural and giaded schools and consol- 
idated school*. Such inspector shall be appointed by the state superintendent 
of public instruction for a period of two years; provided that such appoint- 
ment must be confirmed by the state board of education. This inspector shall 
have the same educational qualifications as required by law for the office of 
state superintendent of public instruction, and shall have been a county super- 
intendent of schools. The inspector shall receive an annual salary of two thou- 



STATE OF NOETH DAKOTA 



sand dollars; and in addition thereto his necessary and actual expenses incurred 
in the discharge of his official duties, not exceeding fifteen hundred dollars in 
any one year. The salary and traveling expenses shall be paid in the same 
manner as in the case of the state superintendent of public instruction. It 
shall be the special duty of the state inspector of consolidated, rural and graded 
schools to aid and promote consolidation of schools, and to further that end, 
he shall, when possible, attend teachers' meetings, institutes, training schools 
and school officers' and patrons' meetings, and discuss consolidation and kin- 
dred topics. He shall on or before the fifteenth day of September in each year, 
make and transmit to the governor and the state superintendent of public in- 
struction, a leport showing the conditions of the schools inspected, with such 
summaries and recommendations as he may think proper; and not more than 
fifteen hundred of such reports shall be printed each year. He shall also file 
in the oflBce of the state superintendent at the close of each school month indi- 
vidual reports of the several schools inspected during that month. 

§ 1445. Amount of apportionment.] Between the first and fifteenth of 
August in each year, the state board of education shall' apportion to each of 
said state consolidated schools the sums named in Section 1444 of this act, and 
to each of said state graded schools which have fully complied with the pro- 
visions of this act and such additional rules as may be established by the board, 
relating to state graded schools, the sum of two hundred dollars in each year 
to state graded schools of the first class, and to state graded schools of the sec- 
ond class the sum of one hundred fifty dollars; and they shall apportion to each 
of the state rural schoools which have fully complied with the provisions of this 
act and such additional rules as may be established by the board relating to 
state rural schools, the sum of one hundred fifty dollars in each year to each 
state rural school of the first class; and to each state rural school of the second 
class the sum of one hundred dollars in each year; provided, however, that in 
case the amount apportioned and available shall not be sufficient to pay the 
amounts specified above then the amount available shall be apportioned pro 
rata among the schools entitled thereto, and any moneys apportioned under 
this act shall be used solely to increase the efficiency of such schools. Pro- 
vided, also, that but one school of each class in any township or district shall 
receive aid under the provisions of this act until all of those schools applying 
for aid before August first of each year are considered and disposed of. These 
amounts shall be paid by the state treasurer on warrant of the state auditor 
when duly certified and filed with the state auditor by the superintendent of 
public instruction. 

§ 1446. Aid to consolidated schools.] Any consolidated school meeting 
the requirements for a state graded school of the first class shall receive aid 
in the amount of six hundred dollars, and any consolidated school meeting the 
requirements for a state graded school of the second class shall receive aid in 
the amount of five hundred dollars. A onsolidated school within the meaning 
of this act shall be one organized in accordance with Section 84, Chapter 266, 
Session Laws of 1911; and in addition shall have at least two departments. 

§ 1447. Records, accounts and rules.] The state superintendent of pub- 
lic instruction shall keep a record of all schools applying for and receiving aid 
as state graded schools, state consolidated schools or state rural schools, in 
each year, and a detailed account of all moneys apportioned for such purposes. 



90 GENERAL SCHOOL LAWS 



The state board of education is also authorized to establish such additional 
rules as shall be found necessary to secure uniformity and the best results among 
the schools receiving state aid. 

§ 1448. Advancement of graded or consolidated schools, of the first 

CLASS to high schools, AND ADVANCEMENT OF GRADED OR CONSOLIDATED 
SCHOOLS OF THE SECOND CLASS TO GRADED OR CONSOLIDATED SCHOOLS OF THE 

FIRST CLASS.] First Class: When any state graded school or state consoli- 
dated school of the first class in this state attains such a degree of proficiency 
as to satisfy the state inspector of rural and graded schools that it has the qual- 
ifications necessary to entitle it to be advanced to a state high school, such in- 
spector may recommend the same to the state board of education for such ad- 
vancement. If the state board is satisfied that such school has complied with 
all the requirements to entitle it to promotion, said board shall raise it to a 
state high school entitling it to aid as such. 

Second Class: When any state graded school or state consolidated school 
of the second class in this state has attained such a degree of proficiency as to 
satisfy the inspector that it has the qualifications necessary to entitle it to be 
advanced to a state graded or consolidated school of the first class, such inspector 
may recommend the same to the state board of education for such advance- 
ment. If the state board is satisfied that such school fully complies with all 
the requirements necessary to entitle it to promotion, such board shall raise 
it to a state graded or consolidated school of the first class, entitling it to aid 
as such. 

§ 1449. Report of state superintendent of public instruction.] The 
state superintendent of public instruction shall include in his biennial report 
a comprehensive statement of all receipts and disbursements; the name and 
number of schools in each class receiving aid; the number of pupils enrolled 
in each, and the cost of supervision of all schools receiving aid under this act 
for the years covered by such report, to which may be added an estimate of 
appropriation needed to meet the requirements of this act for the succeeding 
two years, and such other recommendations as he may deem useful and proper. 

§ 1450. Amount appropriated for each class.] For the purpose of car- 
rying out the provisions of this act, the following sums are hereby appropri- 
ated annually, to be paid out of any moneys in the state treasury not other- 
wise appropriated, viz: for aid to state graded schools the sum of ten thousand 
dollars ($10,000.00) annually. For aid to state rural schools the sum of fifteen 
thousand dollars ($15,000.00) annually, and for aid to state consolidated schools 
the sum of ten thousand dollars ($10,000.00) annually. For the inspector's 
and assistant's salary, as hereinbefore provided, the sum of two thousand dol- 
lars ($2,000.00) annually. For the actual and necessary traveling expenses of 
said inspector, the sum of fifteen hundred dollars ($1,500.00) annually. For 
the payment of postage, stationery and clerical assistance required by the in- 
spector and the printing of the inspector's annual report, the sum of four hun- 
dred dollars ($400.00) annually. Provided, however, that in case the amount 
appropriated and available under this article for the payment of aid to such 
schools shall in any year be insufficient to apportion to each of such schools 
as are entitled thereto the full amount intended to be apportioned to the state 
graded schools, state rural schools and state consolidated schools, then, in such 
case, such amounts as are apportioned and available shall be apportioned pro 



STATE OF NORTH DAKOTA 91 



rata among the schools entitled thereto. Provided, the first annual appropri- 
ations herein provided for such shall become available July first, 1913. 

THOROUGH SYSTEM OF INSTRUCTION IN SCHOOLS. 

§ 1451. Writing.] Each pupil in the common schools as they shall be- 
come sufficiently advanced to pursue the same, shall be required to devote at 
least fifteen minutes practice in writing each day during the school year. 

§ 1452. Course of study in high schools, selections by pupils.] All 
pupils entering high school shall select one of the courses of study offered by 
said high school, and no pupil shall be permitted to change said course of study, 
except by permission of the superintendent of said school, or upon request of 
the parents or guardian of said pupil. 

§ 1453. Review by senior class, duty of superintendent.] The super- 
intendent shall, and it is hereby made his duty to cause to be reviewed by each 
senior class during the senior year, the full and complete course of study pur- 
sued by said class in the grammar grades. 

COUNTY AGRICULTURAL AND TRAINING SCHOOLS. 

§ 1455. General or special election to establish school. Appro- 
priation by county commissioners.] Whenever in the opinion of the cit- 
izens of any county in the state, it shall be deemed wise to establish a county 

chool for the purpose of giving instruction in agricultural, domestic economy, 
manual training and for training of teachers for the rural schools and a peti- 
tion containing the names of not less than three hundred freeholders is filed 
with the board of county commissioners, praying for the establishment of such 
a school such board of county commissioners shall at its next regular meeting 
consider such petition and in case such board of county commissioners decide 
in favor of establishing such school, such board of county commissioners shall 
submit the question of establishing and maintaining such school to the elect- 
ors of such county either at the next general election or they may order a spe- 
cial election for the purpose of determining whether such county shall establish 
such school. Such special election shall be held in the manner and upon the 
notice prescribed by law for other elections; but the published and posted no- 
tices of such election shall state its object and the amount of money to be ap- 
propriated for the establishing of such school. If the majority of all the votes 
cast at such general or special election upon the question of establishing such 
school are in favor of establishing such school, the board of county commission- 
ers of sach county is hereby authorized to appropriate money for the organi- 

ation, equipment and maintenance of same and to levy and spread on the 
tax roll a sufficient sum to carry into effect the provisions of this act; but such 
sum shall not be less than ten thousand dollars, nor more than twenty thou- 
sand dollars, and not exceeding such sum as may be recommended by the board 
of trustees of the county agricultural nd training school created by this act, 
which sum together with any gift or donation offered by any city or village 
desiring the location of such school shall be suffi:ient to purchase a building 
already constructed or to purchase material or labor to erect a new main build- 
ing and such outbuildings as may be necessary; said sum may be all levied in 



92 GENEEAL SCHOOL LAWS 



one year, or the board of trustees of the county agricultural and training school 
created by this act may issue and sell certificates of indebtedness in an amount 
not to exceed said sum plus any additional amount required to pay the interest 
that may accrue on such certificates, which interest shall not exceed six per 
cent per annum and shall be paid annually. Such certificates shall be paid 
in five equal yearly payments aad in case such certificates are issued and sold, 
it shall be the duty of the county board to levy and spread upon the tax roll 
a suSicient sum to pay the same as. they become due together with accrued in- 
terest. 

§ 1456. Joint maintenance by county and state.] After the establish- 
ment of such school, the maintenance thereof shall be borne jointly by such 
county and the state, as hereinafter provided. The board of county com- 
missioners are hereby empowered and directed annually to levy and spread 
on the tax roll a sum sufficient to pay the county's share of the cost of main- 
tenance; provided, that not to exceed one-half of the yearly cost of maintenance 
shall be paid by the state, but the state's share of such maintenance shall not 
exceed the sum of three thousand dollars in any one year; it being the intent 
of this act that a sum at least equal to the state's share shall be levied and paid 
by the county, but this shall not prevent the county from levying a greater 
sum of [for] maintenance, if deemed necessary; provided, further, that the 
board of county tax commissioners may from time t • time levy and spread 
upon the tax roll sums of money for the erection and construction of additional 
buildings or other improvements, or for the purchase of equipment, but levies 
for improvements or equipment shall not exceed the sum of five thousand dol- 
lars in any one year, without first having been submitted to a vote of the elect- 
ors of such county as provided in Section 1455 hereof. 

§ 1457. Treasurer of board. Funds. How paid out.] The county 
treasurer shall be and shall act as the treasurer of the board of trustees and all 
funds levied and collected for the purpose of establishing and maintaining such 
a school shall be placed in his hands, the same as all other funds and shall be 
paid out, on the order of the president of the board of trustees and counter- 
signed by its secretary. 

§ 1458. Board of trustees.] There is hereby created for any county de- 
siring to establish such a school a board consisting of five members to be known 
as "The Board of Trustees" of the county agricultural and training school, of 
which the county superintendent of schools shall be a member and of which he 
shall in all cases act as secretary; the other four shall be appointed by the board 
of county commissioners, two of whom shall serve for the balance of the school 
year ending June thirtieth, following their appointment and tw shall serve 
until the end of the second school year or until their successors are appointed 
and have qualified. After the organization of such board of trustees the terms 
of appointment of the members of such board shall be for a term of two years, 
the terms of two members expiring at the end of each school year, but no mem- 
ber of the board of county commissioners shall be eligible to appointment on 
the board of trustees, during his term of office as a member of the board of 
county commissioners. Vacancies occurring in the board of trustees, except- 
ing in th? case of the county superintendent, shall also be filled by appoint- 
ment by the board of county commissioners within sixty days after they occur. 



STATE OF NOETH DAKOTA 93 



§ 1459. Oath. Bond. Organization of boabd. Compensation. Tax.] 
Each person appointed a member of the board of trustees shall within ten days 
after notice of such appointment, take an oath to discharge his duties faith- 
fully, which oath together with a bond, in the sum of two thousand dollars, 
shall be filed in the office of the county auditor. Within fifteen days after 
their appointment the members shall meet and organize by electing one of their 
number president. The members shall receive no compensation except their 
actual expenses while going to and from and while attending the meetings of 
the board of trustees and in the necessary discharge of their official duties in 
establishing, equipping and maintaining the school. After having determined 
the amount of money required to estab^lish, equip and maintain the school for 
one year, the secretary shall make a report of the estimated amount required, 
to the county auditor, in sufficient time to spread on the tax roll, but any such 
amount shall be subject to the approval of the board of county commissioners. 
Should the board of county commissioners deem it advisable to sell certificates 
of indebtedness in lieu of making a tax levy, it hall be done as required by 
Section 1455 of this act. 

§ 1460. State agricultural and training school board. How created. 
Powers and duties.] There is hereby created a state agricultural and train- 
ing school board which shall consist of the president of the state agricultural 
college, the state superintendent of public instruction and three practical farm- 
ers who shall be appointed by the governor of this state, one of whom shall 
serve until the end of the first school year, one of whom shall serve until the 
end of the second school year, and one of whom shall serve until the end of the 
third school year after the organization of this board; it being the intent of this 
act after the organization of this board, that the term of each appointed mem- 
ber of this board shall be for three years and no two of whose term shall ex- 
pire in the same year. The president of the agricultu al college shall be pres- 
ident of this board and the superintendent of public instruction shall be its 
secretary. This board shall meet at such tinje and place as its president may 
direct and shall prescribe the course of study to be pursued in the county agri- 
cultural and training schools, which shall include, first, instruction in the ele- 
ments of agriculture including the study of soil, horticulture and plant life, 
animal life on the farm, a system of faim accounts, and manual training and 
domestic economy; second, instructions in the common branches and such 
other branches as are necessary for the training of teachers in the rural schools, 
in methods of school management and provisions for observation and practice 
in the art of teaching. 

The state board of agricultural and training schools shall determine the qual- 
ifications to be required of the piincipal and other teachers in said school, and 
the president and secretary of the said state board shall each have a vote in the 
election of, and fixing the salaries of the principals of said schools. The other 
teachers shall be elected by the board of trustees of each school established 
under this act. It is provided that the course of study in the department of 
agriculture shall be so framed as to correlate with the courses of study in the 
state agricultural college so that students from the county schools shall be ad- 
mitted without examination to the next higher class in the state agricultural 
college next following that which they have completed in the county school. 
The superintendent of public instruction and the president of the agricultural 



94 GENEEAL SCHOOL LAWS 



college shall visit and inspect each of said schools at least once each year, and 
make a report to the governor, relating to property management, instruction 
and efficiency of these schools, and make such recommendations as in their 
judgment will further the efl&ciency and usefulness of any or all of such schools. 

§ 1461. Site FOR SCHOOL. Trustees to build.] After the board of county 
commissioners have decided to establish a school it may receive offers of lo- 
cation, as well as money from each village or city desiring to have a school lo- 
cated within or near its boundaries; such offers and location shall be examined 
and considered by the board of county commissioners after which the board 
of county commissioners shall accept in the name of the county such site and 
money or other valuable property in aid of establishing a school as in their 
judgment may seem best, receiving to all lands bought oi donated for a school 
site, a deed in the name of the county. The board of trustees shall thereafter 
proceed to build such school as soon as all other requirements prescribed by 
the act theretofore necessary have been complied with. 

§ 1462. School free to whom. Admission of non-res dents.] Any 
school organized under the provisions of this act shaU be free to residents of 
the county contributing to its support, but whenever students desire admis- 
si n to the school in sufficient numbers to warrant the organization of special 
classes for their instruction, such classes shall be organized and continue for 
such time as the trustees may direct. The board of trustees shall make rules 
prescribing the conditions under which students may enter who are not res- 
idents of such county. 

§ 1463. When school deemed to be established. State aid.] When 
a county has determined as herein provided to establish, equip and maintain 
a county agricultural and training school, the trustees, shall through the sec- 
retary and president make application to the superintendent of public instruc- 
tion for the establishment of such a school. The application shall be accompa- 
nied by a certified statement from the chairman of the board of county com- 
missioners, and the county auditor, that the necessary tax levy will be made 
for the establishment and maintenance of such school. Such application shall 
be referred to the state board of agricultural and training schools, who shall 
determine as to its acceptance or rejection. If the application from any county 
for the establishment of such school is granted by them, and when subsequtlyen 
all the provisions of this act are complied with by the county board and board 
of trustees, the county agricultural and training school shall be considered as 
established in and for such county, and shall upon its compliance with the other 
provisions of this act receive aid from the state as provided herein. 

§ 1464. Procedure to obtain state aid.] On the first day of July in 
each year the secretary of each county agricultural and training school board 
of each county maintaining a school on the approved list shall report to the state 
superintendent, setting forth the facts relating to the cost of maintaining the 
school, the character of the work done, the number and names of teachers em- 
ployed and such other matters as may be required by the state board of agri- 
cultural and training schools. Upon the receipt of such report, if it shall appear 
that the school has been maintained in a satisfactory manner for a period of not 
less than nine months during the year closing on the thirtieth day of the preced- 
ing June, the superintendent of public instruction, as secretary of such board 
shall make a certificate to that effect and file it with the state auditor. Upon 



STATE OF NORTH DAKOTA 95 



receiving such certificate the state auditor shall draw his warrant payable to the 
treasurer of the county maintaining such school a sum equal to one-half (3^) the 
amount actually expended for maintaining such school during the year; provided, 
that the total amount as apportioned shall not exceed three thousand dollars 
in any one year. 

§ 1465. Training school certificates after completion of course.] 
Any person who shall complete in a satisfactory manner the course of study 
prescribed for any county agricultural and training school and who shall be of 
good moral character shall receive a certificate signed by the principal of the school 
and by the members of the county training school board. Such certificate shall 
certify that the person named therein has satisfactorily completed the course of 
study prescribed for the county school and is of good moral character; it shall 
also contain a list of the standings secured by the person on the completion of 
such studies pursued in the school. Such certificates shall have the force and 
effect of a second grade certificate issued by the county superintendent of 
the county in which the school is located, for a term of two years from the date 
of its issue; provided, that in case the holder thereof has never taught or cannot 
furnish satisfactory evidence of having successfully taught for at least one school 
year in the public schools of this state, said certificate shall be of full force and ef- 
fect for one year only from its date of issue. When satisfactory evidence of suc- 
cessful teaching for at least one year upon said training school certificate shall be 
furnished to the county superintendent, said superintendent shall remove the 
limitation, whereupon the training school certificate shall have the full force and 
effect of a teacher's certificate of the second grade for two additional years. Any 
school superintendent or officer authorized to grant certificates to teachers in 
North Dakota is hereby authorized in his discretion to accept standings obtained 
by the completion of studies in any county and agricultural training school in 
lieu of actual examination by said superintendent or examiner at any time 
within three years from the date of the certificate of completion of the course by 
the person desiring to have such standings accepted. This provision shall apply 
to certificates of second grade. 

§ 1466. Establishment of schools for two or more adjoining counties.] 
The county boards of two or more adjoining counties may unite in establishing 
and maintaining agricultural and training school for teachers for the purpose 
and on the general plan as provided for in Section 1455 of this act, and may appro- 
priate money for its maintenance, and whenever two or more counties unite in 
establishing such school the county superintendent of the county in which the 
school house is situated shall be ex-officio secretary of the board, and the board 
of trustees shall consist of two members appointed from each of the counties so 
uniting in establishing and maintaining such school and no member of any board 
of county commissioners shall be eligible. 

§ ,1467. Tax for maintenance of such joint schools.] Whenever two 
or more counties unite in maintaining and establishing such school the board of 
trustees provided for in such cases shall determine the amount of money neces- 
sary for the maintenance and equipment of the school for the next succeeding 
year and annually thereafter. They shall apportion the amount to be raised 
by taxation among the counties in proportion to the assessed valuation of the 
real and personal property in each county as fixed by the state board of equaliza- 
tion and shall report to the county auditor of each county on or before the first 



96 GENEEAL SCHOOL LAWS 



Monday of May in each year, the amount of apportionment so fixed, and such 
apportioned amount shall be levied by the board of county commissioners of 
each county for the ensuing year for the support of such schools. 

§ 1468. County treasurer ex-officio treasurer training school 
BOARD.] The county treasurer of the county in which the school is located shall 
be ex-officio treasurer of the agricultural and training school board, and all 
moneys appropriated and expended under the provisions of this act shall be 
expended by the board of said county training school and shall be paid by the 
said county treasurer on orders drawn by the secretary and countersigned by the 
president. 

§ 1469. State agricultural and training school fund created.] For 
the purpose of providing funds for the payment of such claims as the state hereby 
obligates itself to do and the warrants thereon drawn, there is hereby created a 
fund to be known as the state agricultural and training school fund. 

§ 1470. Special tax for training school fund.] It shall be the duty of 
the state board of equalization at the time of the levy of the annual tax to estimate 
the amount required to pay the state's share of the cost of maintaining the county 
agricultural and training schools established under the provisions of this act, 
and to levy a special tax of not to exceed one-fifth (1-5) of one mill on the dollar 
upon the assessed valuation of all property in the state, which tax when collected 
shall be paid into the hands of the state treasurer who shall at once enter the 
same into the state agricultural and training school fund. Said fund shall be 
preserved inviolate for the payment of the state claims provided herein. 

§ 1471. Acts, proceedings and elections legalized.] That all acts and 
proceedings heretofore had by th6 board of county commissioners in any county, 
preliminary to submitting to the voters of such county at either a general or 
special election, the question whether such county shall establish a county agri- 
cultural and training school under the provisions of Chapter 265, Session Laws 
of 1911, and all general or special elections held pursuant to such acts, proceedings, 
calls and notices shall be and are hereby legalized in each and every case, and 
hereby declared valid acts, proceedings, calls, notices and elections. And this 
shall be true notwithstanding the omission of any matter or thing by law required 
as a pre-requisite to the submission of such question at a general or special elec- 
tion and the holding of such election, and notwithstanding defects or omissions 
in the proceedings had preliminary to or in the calling of, and the giving of the 
required notice of the submission of such question, for the establishment of such 
county agricultural and training school at such general or special election; and 
notwithstanding the omission of any matter or thing by law required to be stated 
in such notice; and notwithstanding any defect in the form of or the omission 
from the ballot used at such general or special election, any matter or thing 
required by law therein to be stated. 

§ Emergency.] Whereas, the provisions of Chapter 265 of the Session 
Laws of 1911, are vague and indefinite with respect to matters in this bill set 
forth, and elections have been attempted held under such vague and indefinite 
provisions, an emergency is hereby declared to exist, and this act shall take effect 
and be in force from and after its passage and approval. 



STATE OF NOETH DAKOTA 97 



SCHOOL FUNDS. 

§ 1472. School funds rbcJtjired to be deposited.] All funds of each 
and every city or school district of this state shall be deposited by the treasurer 
of the city, county or school district, as soon as received by him, in the name of 
the city or school district of which he is an officer, in such bank or banks as shall 
have been designated as city or school district depositories in accordance with 
this article, as hereinafter provided. 

§ 1473. Depositories to be designated.] The city council or school board 
of each and every city or school district of this state, at its first regular meeting 
after this article shall take effect and at its first regular meeting in July of 
each odd numbered year thereafter, shall designate one or more national or state 
banks in its city or district or county as city or school district depositories, in 
which all of the funds of such city or school district shall be deposited. 

§ 1474. City auditor or school clerk to advertise for proposals.] The 
city auditor or school clerk of each city or school district shall advertise in one 
or more newspapers of the city, county or village, for at least two weeks immedi- 
ately prior to such meeting for sealed proposals for the deposit of funds of such 
city or school district, which advertisements shall state the date up to which such 
proposals will be received, which date shall be the day of the meeting of 
the city council or school board, at which such proposals are to be opened. Such 
proposals shall state in writing what rate of interest will be paid on average daily 
balances during the month, interest to be paid monthly on condition that such 
funds, with accrued interest, shall be held subject to draft at all times on demand. 
Such proposals shall be inclosed in sealed envelopes, addressed to the city auditor 
or school clerk and marked "Proposals for deposit of city or school funds," and 
shall be by the city auditor or school clerk filed in his office. 

§ 1475. How proposals acted on. Bond required.] Such proposals shall 
be presented *o the city council or school board at such meetings, and then, but 
not till then, shall be opened by the city auditor or school clerk in the presence 
of the council or school board, and the council or school board shall thereupon 
proceed to accept the proposal of the bank or banks offering the highest rate of 
interest, not inconsistent therewith, subject to the filing of a satisfactory bond 
as hereinafter provided, the amount of which bond shall then and there be fixed 
by the city council or school board. Before any bank shall be designated as such 
depository, it shall submit to the city council or school board for its approval a 
bond payable to 'the city or school district conditioned for the safe keeping and 
repayment of any and all funds deposited in such banks, which bond shall be 
signed by not less than five freeholders of the county or state as sureties; such 
bond to be in the sum required by the city council or school board, but in no 
case less than double the probable amount of funds to be deposited in such bank. 
If at any time the amount of funds on deposit in any such depositories shall 
exceed one-half of the amount named in such bond, it shall be the duty of the 
city council or school board at its next regular meeting thereafter to require 
from such depository an additional bond in a sum not less than twice the amount 
of such excess. Such bond shall be approved by the city council or school board 
and the approval endorsed thereon by the mayor or president of the school board, 
and by him deposited with the city auditor or school district clei'k; and any bank 
whose bond shall have been so approved shall thereupon be designated by the 



98 GENERAL SCHOOL LAWS 



city council or school board as a city or school district depository and shall con- 
tinue as such until such time as the city council or school board shall advertise 
for bids as aforesaid. If the city council or school board fails or refuses to ap- 
prove such bond, the same may be presented to the judge of the district court, 
upon three days' notice to the city auditor or school district clerk, who shall 
proceed to hear and determine the sufficiency of such bond, and may approve 
such bond, and the said bank shall be declared a city or school district depository 
as aforesaid. The sureties on such bond shall be required to justify as required 
by law in arrest and bail proceedings; provided, however, that in lieu of such 
personal bond, the city council or school board may require such bank or banks 
to file a surety company bond for a sum equal to the amount of funds such bank 
may receive according to the provisions of this article. If at any time the amount 
of funds on deposit in such depositories shall exceed the amount named in such 
surety company bond, it shall be the duty of the city council or school board at 
its next regular meeting thereafter to require from such depositories an additional 
surety bond in the sum of not less than the amount of such excess. Such surety 
company's bond shall be approved as provided by law. 

§ 1476. In case bids are eqtjal, how decided.] When two or more banks 
in the same city or village, proposing to be city or school district depositories, 
ofl'er the same rate of interest, it shall be the duty of the city council or school 
board to select, impartially, as many of such banks as depositories as offer am- 
ple security for such deposits. In estimating the value of the security offered 
by any propbsed depository the capital, surplus and general credit of the bank 
shall be taken into consideration, as well as the bonds proposed to be given. 

§ 1477. Two OR more banks may be designated.] In case two or more 
banks be designated as depositories, the city or school district treasurer shall, 
as far as practicable, keep in each of the several depositories equal balances at 
all times; provided, that in cities or villages where two or more banks are desig- 
nated as depositories, the amount deposited in any bank shall not exceed the 
capital of the banks in said city or village, then the city council or school board 
shall deposit the funds of the city or school district in the banks of the city or 
village upon their giving a bond according to law. 

§ 1478. When time deposits may be made.] Whenever there shall be 
accumulated in the sinking fund or any other revenue, city or school district fund, 
established by law, in any of the cities or school districts of this state, an amount 
of money exceeding two hundred dollars, and for which there is no immediate 
use, the city council or school board of such city or school district is authorized 
and empowered to direct a time deposit of such funds for a period of one year or 
six months, as they may deem expedient, either in one or more of the city or school 
district depositories created by law, or such state or national bank as the city 
council or school board may designate. 

§ 1479. How depositories for time deposits are selected.] The deposi- 
tories for such time deposits of the city or school district funds may be designated 
at any regular meeting of the city council or school board of such city or school 
district upon the advertisement and proposals as provided by law for designating 
the depositories of the general city or school district funds, and the bank or banks 
designated as the depository or depositories of such time deposits of such city or 
school district funds shall be required to furnish a bond in the same amount. 



STATE OF NOETH DAKOTA 99 



manner and form as prescribed by law for the several city and school district 
depositories. 

§ 1480. Maximum rate of interest on call deposits.] To further secure 
the safety of the city or school district funds deposited under the provisions of 
this article the city council or school board shall satisfy itself of the responsibility 
of the several banks proposing to act as depositories, and any bank offering 
more than four per cent per annum on deposits, subject to cheek, shall not be 
designated as a depository under the provisions of this article; provided, this act 
shall not apply to school districts in incorporated cities or villages. 

§ 1481. In WHOSE NAME deposited.] All funds in (of) the city or school district 
shall be deposited in the name of the city or school district by the city treasurer 
or treasui-er of the school district, as soon as received by him, in such bank or 
banks as shall have been designated as city or school district depositories. 

§ 1482. Penalty for violation.] If any city or school district treasurer 
shall deposit any of the funds of his city or school district or loan the same in any 
manner except according to the provisions of this article, he shall be liable to a 
penalty of five hundred dollars for each deposit or loan so made. 

§ 1483. Banks to furnish monthly statements.] Each depository shall 
furnish to the city auditor or clerk of the school district on the first day of each 
month an itemized statement of the account of the city or school district with 
such depository, duly verified by the affidavit of the cashier of such bank, which 
statement shall be filed and carefully preserved in the office of the city auditor 
or school clerk. All sums of interest accruing on the funds deposited as afore- 
said shall be credited to such deposit account on the first day of each month 
for the preceding month, and a statement of such interest shall be rendered by 
such depository to the city auditor or school clerk on the first day of each month 
and the auditor or clerk shall charge the treasurer with the amount thereof and 
credit the sum to the general fund of the city or school district. 

§ 1484. How checks shall be signed.] All checks drawn upon the city or 
school district depositories shall be signed by the city or school district treasurer 
in the name of the city or school district, by himself as treasurer. 

§ 1485. When bids not required.] It is the duty of the officers mentioned 
in this article to comply wi'h the provisions hereof; provided, that in cities or 
villages where only one bank is located, the city council or school board shall 
designate such bank or other bank within this state the depository without adver- 
tising for bids, if such bank agrees to pay interest at the rate of at least two per 
cent per annum and furnishes a bond as hereinbefore provided for the safe keeping 
and repayment of any funds deposited in such bank. In cities or villages or 
counties where there is no bank or where no bank offers to comply with the re- 
quirements of this act, the city council or school board must designate some bank 
or banks outside of such city or village and within this state as such depositories, 
but [such] bank or banks must furnish a bond in the ^same manner as other de- 
positories. 

§ 1486. Treasurer not liable for funds deposited by reason of bank 
failure.] When the funds of any city or school district are deposited by the 
city or school district treasurer as provided herein, such treasurer and his sureties 
shall be exempt from all liability thereon by reason of the loss of any funds from 
the failure, bankruptcy or any other act of such bank to the extent only of such 
funds in the hands of such bank or banks at the time of such failure or bankruptcy. 



100 GENEEAL SCHOOL LAWS 



§ 1487. Exceptions to law.] It shall not be incumbent upon the city- 
council or school board to designate depositories as herein provided for until the 
amount in such city or school treasury equals or exceeds the sum of five hundred 
dollars. 

§ 1488. Violation constitutes misdemeanor.] Any officer violating any 
pf the provisions of this article shall be deemed guilty of a misdemeanor. 

CONSTRUCTION OF SCHOOL BUILDINGS AND INSPECTION, 
VENTILATION AND SANITATION THEREOF. 

§ 1489. Buildings inspected. Plans and specifications to be sub- 
mitted to superintendent of public instruction.] No building which is 
designed to be used, in whole or in part, as a public school building, shall be erected 
until a copy of the plans thereof has been submitted to the state superintendent 
of public instruction, who for the purposes of carrying out the provisions of this 
act is hereby designated as inspector of said public school building plans and 
specifications, by the person causing its erection or by the architect thereof; such 
plans shall include the method of ventilation provided for, and a copy of the 
specifications therefor. 

§ 1490. Construction of school houses.] Such plans and specifications 
shall show in detail the ventilation, heating and lighting of such building. The 
state superintendent of public instruction shall not approve any plans for the 
erection of any school building or addition thereto unless the same shall provide 
at least twelve square feet of floor space and two hundred cubic feet of air space 
for each pupil to be accommodated in each study or recitation room therein. 

(1) Light shall be admitted from the left or from the left and rear of class 
rooms and the total light area must, unless strengthened by the use of reflecting 
lenses be equal to at least 20 per cent of the floor space. 

(2) All ceilings shall be at least twelve feet in height. 

(3) No such plans shall be approved by him unless provision is made therein for 
assuring at least 30 cubic feet of puie air every minute per pupil and warmed to 
maintain an average temperature of 70 degrees F. during the coldest winter 
weather, and the facilities for exhausting the foul or vitiated air therein shall be 
positive and independent of atmospheric changes. No tax voted by a district 
meeting or other competent authority in any such city, village or school district, 
exceeding the sum of two thousand dollars ($2,000.00) shall be levied by the trus- 
tees until the state superintendent of public instruction shall certify that the plans 
and specifications for the same comply with the provisions of this act. All school 
houses for which plans and detailed specifications shall be filed and approved, 
as required by this act, shall have all halls, doors, stairways, seats, passageways 
and aisles and all lighting and heating appliances and apparatus arranged to 
facilitate egress in case of fire or accident and to aft'ord the requisite and proper 
accommodations for public protection" in such cases. All exit doors shall open 
outwardly, and shall if double doors be used, fasten with movable bolts operated 
simultaneously by one handle from the inner face of the door. No staircase 
shall be constructed with wider steps in lieu of a platform, but shall be constructed 
with straight run?, changes in direction being made by platform. No doors shall 
open immediately upon a flight of stairs, but a landing at least the width of the 
door shall be provided between such stairs and such doorway. 



STATE OF NOETH DAKOTA 101 



(4) Every public school building shall be kept clean and free from affluvia 
arising from any drain, privy or nuisance, and shall be provided with suflBcient 
number of proper water closets, earth closets or privies, and shall be ventilated 
in such a manner that the air shall not become so impure as to be injurious to 
health. 

§ 1491. Toilet rooms. How constructed.] No toilet rooms shall be 
constructed in any public school building unless same has outside ventilation 
and windows permitting free access of air and light. The provisions of this act 
shall be enforced by the state superintendent of public instruction or some person 
designated by him for that purpose. 

§ 1492. Method of inspection and adjustment of grievances.] If it 
appears to the state superintendent of public instruction or his deputy appointed 
for that particular purpose, that further or different sanitary or ventilating pro- 
visions, which can be provided without unreasonable expense, are required in 
any public school building, he may issue a written order to the proper person or 
authority, directing such sanitary or ventilating provisions to be provided. A 
school committee, public officer or person who has charge of any such public 
school building, who neglects for four weeks to comply with the order of said 
state superintendent of public instruction or his deputy, shall be punished by a 
fine of not less than one hundred dollars nor more than one thousand dollars. 

(1) Whoever is aggrieved by thp order of the state superintendent of public 
instruction or his deputy issued as above provided, and relating to a public school 
building, may within thirty days after the service thereof, apply in writing to 
the board of health of the city, town, incorporated village or school district to 
set aside or amend the order; and thereupon the board, after notice to all parties 
interested, shall give a hearing upon such order, and may alter, annul or affirm it. 

§ 1493. Ventilating flues and method of constructing same.] No 
wooden flue or air duct for heating or ventilating purposes shall be placed in any 
building which is subject to the provisions of this act, and no pipe for conveying 
hot air or steam in such building shall be placed or remain within one inch of 
any wood-work, unless protected by suitable guards or casings of incombustible 
material. 

§ 1494. Approval of plans. By whom and penalty for violation.] To 
secure the approval of plans showing the method or systems of heating and ven- 
tilation as provided for in Sec. 1490 the foregoing requirements must be guaranteed 
in the specifications accompanying the plans. Hereafter erections or construc- 
tions of public school buildings by architect or other person who draws plans or 
specifications or superintends the erection of a public school building, in violation 
of the provisions of this act, shall be punished by a fine of not less than one hundred 
dollars nor more than one thousand dollars. 

TEACHERS' INSURANCE AND RETIREMENT FUND. 

§ 1495. Creation of fund and membership of board.] There is created 
a teachers' insurance and retirement fund, which shall be managed by a board 
of trustees to be known as the board of trustees of the teachers' insurance and re- 
tirement fund. Such board shall consist of five members. The state treasurer 
and the state superintendent of public instruction shall be ex-officio members of 
said board; three members, one of whom shall be a woman, shall be appointed 



102 GENEEAL SCHOOL LAWS 



by the governor from among the members of the teachers' retirement fund as 
provided for in this act. One such appointive member may be a retired member 
of the fund. The term of office of the appointive members of said board of trus- 
tees shall be three years, except as provided herein, and shall begin on the first 
day of July, next succeeding their appointment; provided that the terms of office 
of the first members appointed shall be one for a period of one year, and one for 
a period of two years, and one for a period of three years. 

§ 1496. Annual meeting of members.] At the time and place of the meet- 
ing of the North Dakota State Education Association, those teachers who have 
qualified as members of the teachers' insurance and retirement fund according 
to Sections 1505,1506, and 1507 of this act, shall meet for the purpose of hearing 
the report of the board created by Section 1495 of this act, and of transacting 
such other business as may properly come before them. 

§ 1497. Vacancies.] In case any vacancy occurs among the members of 
the board, said vacancy shall be filled immediately by the governor, and the ap- 
pointee shall serve the balance of the term for which the original member was 
appointed. 

§ 1498. Organization of the board.] Said board of trustees shall organize 
by the election of a president. The state treasurer shall be ex-officio treasurer 
of said board, and shall receive and make payments from and account for said 
funds in the same manner as for other state funds. Said board may employ a 
secretary to be chosen for such a term as shall be determined by said board. 
Said secretary shall perform such duties in connection with the teachers' insur- 
ance and retirement fund as may be prescribed by the board. 

§ 1499. Meetings and regulations.] Said board shall meet annually 
within three months after July first of each year, at the office of the superintend- 
ent of public instruction, at a time to be fixed by the board, and at any other 
time on the call of the president or any two members thereof. Said board shall 
adopt rules for the government of its meetings and for the membership in the 
fund, payments thereto and therefrom, and for other matters which will be 
calculated to aid teachers in securing the benefit of the fund. 

§ 1500. Compensation and secretary.] Members of said board shall 
receive no compensation except their necessary traveling expenses incurred in 
attending the meetings, to be paid from the teachers' insurance and retirement 
fund upon the certificate of the president and secretary: but if the board shall 
elect one of its members secretary, such member may receive compensation for 
services rendered as secretary. The secretary of said board shall receive a salary 
to be fixed by the board, at an amount not to exceed twelve hundred dollars per 
annum. The compensation of the secretary and any other necessary expenses 
incurred by said board in carrying out the provisions of this act shall be paid from 
the fund. 

§ 1501. Investment of funds.] Said board shall have charge of the fund 
and shall invest the same under the same conditions as the trust funds of the state 
may be invested. 

§ 1502. Annual report.] On or before the first day of October of each 
year, said board shall report for the fiscal year ending the thirtieth of June pre- 
ceding. A copy of said report shall be transmitted to the annual meeting of the 
members of the teachers' insurance and retirement fund and to the state super- 



STATE OF NOETH DAKOTA 103 



intendent of public instruction. Said superintendent shall include a copy of 
said report in his biennial report to the governor. 

§ 1503. Retention of assessments.] Each school district board, each 
board of education, or other managing body of each city, and of each school dis- 
trict, and of each village, and of each town operating its schools under the town- 
ship system of school government, shall retain on every pay day from the salary 
of each teacher in their respective schools the amounts herein provided. Each 
teacher shall be furnished a statement by such board, showing the amount 
so deducted from his or her salary. In like manner, each county superintendent 
and assistant county superintendent who has come within the provisions of the 
law must authorize the county board of commissioners to deduct the proper 
assessment from each of the twelve monthly payments of his salary. 

§ 1504. Amount of assessments.] Every teacher who has joined the fund 
shall be assessed upon his or her salary as teacher for a period of twenty-five 
years as follows: one per centum per annum, but not more than twenty dollars 
per year, for each of the first ten years of service as a teacher, and two per centum 
per annum, but not more than forty dollars per year for each successive year of 
service as teacher, until said teacher shall have had a total of twenty-five years 
of teaching service, when said assessments shall cease. The total amount paid 
into said fund by each teacher shall be based upon said twenty-five years of 
service as teacher with assessments as provided in this section; provided that such 
total amount shall not be less than the full amount of the annuity to which such 
teacher shall be entitled for the first year. 

§ 1505. All new teachers assessed after January 1, 1914.] In becoming 
a teacher in said public schools after January 1, 1914, he or she shall be conclu- 
sively deemed to join the fund and to undertake and agree to pay such assess- 
ments, and to have such assessments deducted from his or her salary as herein 
provided. 

§ 1506. Assessments optional for teachers now teaching in the state.] 
Any person employed as teacher in said public schools when this act takes effect, 
may, at any time before January 1, 1917, elect to join the fund and to come within 
the provisions of this act, by notifying in writing the board of trustees of the 
teachers' insurance and retirement fund before January first, 1917. 

§ 1507. Notification by teacher.] At the time of giving said notice to 
the board of trustees, as herein provided, such teacher shall notify the local 
school board or any other managing body, in writing, of his or her election to 
come within the provisions of this act; and shall authorize said school board, as 
a part of said notice, to deduct from each payment of salary due him or her a 
sum equal to said per centum of such payment .as provided in Section 1504. 

§ 1508. Transmission of money to county treasurer.] Each such school 
district board, each board of education, or other managing body, and each board 
of county commissioners, shall each year, between the 20th and the 30th days 
of June, forward to the treasurer of the county in which the school house of 
said teacher is located, a statement verified by the secretary, the clerk, or the 
auditor thereof, of the moneys so retained, in accordance with the provisions of 
this act together with said moneys so retained. Said statement shall also 
include the following: Name and monthly salary of each of said teachers; num- 
ber of months of school taught by each teacher in said public schools of the dis- 
trict, village, city, or county over which said school board or other managing body 



104 GENEEAL SCHOOL LAWS 



has jurisdiction during the school year for which the statement is made; the 
number of months constituting a school year in each such district, village, city 
or^county; the total salary of each teacher; the total amount withheld from the 
salary of each teacher, in accordance with the provisions of this. act; the total 
amount withheld from the salaries of all of said teachers for the school year 
next preceding, and the total number of years such teacher has taught in the 
public schools of the state. 

§ 1509. Statements to be sent to county superintendent and county 
AUDITOR.] Said school board shall at the same time send a copy of said state- 
ment to the superintendent of the county in which said school house is located, 
and also a duplicate copy of the same to the auditor of said county. 

§ 1510. Statement to be sent in all cases.] If no teacher in such city, 
village, town or school district comes under the provisions of this act, the school 
board or other managing body of such city, village, town or school district, shall 
state this fact under the oath of the secretary or the clerk thereof, to the treas- 
urer of said county; and shall at the same time forward copies of said statement 
to the superintendent of said county and to the auditor of said county. 

§ 1511. Reports to be made to the board.] Each county superintendent 
shall each year, between the 30th day of June and the 10th day of July, report 
under oath to the board of trustees of the teachers' insurance and retirement 
fund. Said report shall contain an itemized account of the statements received 
by him from the school boards and a statement of the total amount withheld 
from the salaries of all of the said teachers in said report. 

§ 1512. Reports to be preserved.] The board of trustees of the teachers' 
insurance and retirement fund, each county superintendent, each county auditor, 
each county treasurer, each school district board, each town board of education, 
or other managing body, shall keep complete records of the data contained in 
said reports and of the statements hereinbefore mentioned. 

§ 1513. Transmission of funds to the state treasurer.] Between the 
15th day of July and the 1st day of August of each year, the county treasurer 
shall transmit to the state treasurer all moneys which he has received from the 
school boards and from the boards of county commissioners in accordance with 
the provisions of this act in the same manner that other moneys are transmitted 
to the state treasurer; and shall certify under oath to the board of trustees of the 
teachers' insurance and retirement fund the amount so received and transmitted 
to the state treasurer as herein provided. The state treasurer shall credit all 
moneys received under the provisions of this act to the fund designated as the 
teachers' insurance and retirement fund. 

§ 1514. Penalty for failure to report and transmit funds.] No city, 
village, town or school district shall share in the apportionment of the state 
tuition fund for any year, unless it has made the report as herein provided and 
paid over to the state treasurer for the teachers' insurance and retirement fund 
such per centum as provided in Section 1504 of the total sum paid in wages to such 
teachers as come under the provisions of this act, and also the portion of the 
county tuition fund described in Section 1515. 

§ 1515. Fund to be set aside from county tuition fund and trans- 
mitted to state treasurer.] Each county treasurer shall annually set aside 
from the county tuition fund a sum equal to ten cents for each child of school 
age in his county and shall transmit this sum to the state treasurer in the same 



STATE OF NOETH DAKOTA 105 



manner that others are transmitted to the state treasurer at the same time that 
he transmits the funds received from the school boards and the boards of county 
commissioners in accordance with Section 1513, and shall certify under oath to the 
board of trustees of the teachers' insurance and retirement fund the amount so 
transmitted to the state treasurer. The state treasurer shall credit all moneys 
received in accordance with this section to the fund designated as the teachers' 
insurance and retirement fund. 

§ 1516. Name of fund.] The moneys received by the state treasurer under 
the provisions of Sec. 1513 and 1515 of this act, together with donations or legacies 
received therefor, or moneys received from any legal source of increment, shall 
constitute a fund to be known as the "teachers' insurance and retirement fund." 

§ 1517. Payment of back assessments.] Any teacher coming from schools 
not included under the provisions of this act shall pay assessments for said years 
of service in such schools, as provided in Section 1504, based upon his or her first 
annual salary in said public schools of the state, together with the regular assess- 
ments as provided in Section 1504, before receiving any retirement annuity. 

§ 1518. Retirement of teachers who are eligible to annuity.] Any 
teacher who may be teaching in said public schools and who has complied with 
the provisions of these sections may retire and receive the annuity provided for 
in the following cases: 

1. After a period or periods aggregating twenty-five years of service as teacher, 
of which eighteen years, including the last five, must have been spent in public 
schools of this state, provided that payments by said teacher to the fund shall have 
amounted to a sum as provided in Section 1504.. If said payments shall not have 
amounted to said sum, the teacher shall pay into the fund the deficiency before 
receiving said annuity. 

2. After fifteen years of service as teacher in the public schools of this state, 
when said teacher suffers from a permanent mental or physical diasability, to be 
determined by said board after an examination by two physicians appointed 
by said board, provided that payments by said teacher to the fund shall have 
amounted to a sum as provided in Section 1504. If said payments shall not have 
amounted to said sum, the teacher shall pay into the fund the deficiency before 
receiving the annuity. The examination fees of such physician shall be paid by 
said <ipplicant. 

§ 1519. Legal school year defined.] In computing the terms of service 
under Section 1518, a year shall be a legal school year at the time and place where 
said service was rendered, except that where the service was rendered in schools 
not included within the provisions of this act, a time less than a legal school 
year in this state shall not be included as a year, but only as such proportion of a 
year as the number of teaching weeks in each such year bears to the number of 
weeks required at the time to constitute a legal school year in this state. 

§ 1520. Applications to the board.] Any person who has complied with 
the provisions of this act and desires to retire from active service in said public 
schools, shall apply in writing to the board of trustees of the teachers' insurance 
and retirement fund. 

§ 1521. Amount of annuity.] Each teacher retiring from the service of 
said public schools under the provisions of Section 1518, shall annually and for life 
be entitled to receive as annuity a sum equal to one-fiftieth of his or her average 
annual salary for the last five years of service, multiplied by the whole number of 



106 GENEEAL SCHOOL LAWS 



years of service as teacher; provided, however, that his said annuity shall not exceed 
seven hundred and fifty dollars in any one year, or be less than three hundred 
and fifty dollars in any one year, subject, however, to all the provisions of this 
act. 

§ 1522. Trustees mat ratably diminish annuities.] The board of trus- 
tees may ratably reduce the annuities provided in this act, whenever in the 
judgment of the board, the condition of the fund shall require such reduction. 

§ 1523. Withdrawals from membership in the fund.] Any teacher who 
shall cease to teach in said public schools before receiving any benefit or annuity 
from the fund, shall, if application be made in writing to the board of trustees 
within six months after the date of his or her resignation, be entitled to the 
return of one-half the amount, without interest, which shall have been paid into the 
fund by such teacher. If such teacher should again thereafter teach in said public 
schools, he or she shall, within one year from the date of his or her return to 
the service in said public schools, refund to said fund the amount so returned to 
such teacher, together with simple interest on said amount (but not to exceed 
four per centum per annum) for the time such amount was withdrawn from the 
fund. 

§ 1524. Annuities to be paid quarterly.] The state treasurer shall pay 
said annuities quarterly in September, December, March and June of each year, 
upon the warrants of the state auditor issued upon certificates of the president 
and secretary of said board. No payments shall be made prior to September, 
1915. 

§ 1525. Annuities paid from interest and principal.] Payments from 
the fund shall be made from the income thereof and in addition thereto, when 
necessary, from the principal of moneys received under Sections 1513 and 1515. 

§ 1526. Annuities to cease upon resumption of teaching.] Any person 
retiring under these sections may again enter upon the work of teaching in s^id 
public schools; during said term of teaching the annuity paid to such person 
shall cease. Said annuity shall again be paid to said person upon his or her 
further retirement. 

§ 1527. Annuities not subject to legal process.] The annuities so 
created shall not be subject to attachment, garnishment, execution, or other 
seizure on [or] process, nor shall they be subject to sale, assignment, pladge, 
mortgage, or other alienation. 

§ 1528. The term "teacher" defined for the act.] The term "teacher", 
as used in this act, shall include all persons employed in teaching by any city 
board of education, or school board or other managing body of any city, town, 
village, or rural school district in this state, and all superintendents and assistant 
superintendents of said schools, including county superintendents and their assist- 
ants, all supervisors of instruction, all principals and assistant principals, and 
special teachers of said schools. 

SCHOOL OFFICIALS AND TEACHERS PROHIBITED FROM 
RECEIVING COMMISSION. 

§ 1529. Misdemeanor to receive commission, fee or reward.] Every 
county superintendent of schools, deputy thereof, school district directors, clerk, 
treasurer, principal of a school or teacher therein who shall receive any commis- 



STATE OF NOETH DAKOTA 107 



sions, fee or r ward for or on account of any school books, furniture or other sup- 
plies purchased during the incumbency of such official, principal or teacher for 
the use of the school district or school under the supervision of such official, prin- 
cipal or teacher, is guilty of a misdemeanor and upon conviction thereof shall 
be punished by a fine of not less than fifty dollars and not exceeding five hundred 
dollars and may be removed from his office. 

STATE LIBRARY COMMISSION. (Session Laws 1915.) 

§ 1531. Commission. By whom composed. Salary of librarian. Abol- 
ishing COMMISSION.] The governor, state superintendent of public instruc- 
tion, secretary of state, state auditor and the commissioner of agriculture and 
labor shall constitute the state library commission. The commission shall 
appoint an executive officer to be known as the secretary of the library commis- 
sion, who shall receive an annual salary of eighteen hundred dollars per year, 
who shall have control of the work and shall be the director of the library ex- 
tension, provided, however, that if this legislative assembly enacts a law cre- 
ating a board of regents to control all state educational institutions, then this 
commission shall be abolished and such board of regents shall assume and take 
over all the duties of the commission as a part of the duties of said board of 
regents. 

§ 404. County board of health. How composed. (Session Laws 1915).] 
There is hereby established county boards of health, composed of a president, 
vice-president and superintendent; the state's attorney in each county shall be 
president of the county board; the county superintendent of schools shall be 
vice-president, and the board of county commissioners shall at the first meet- 
ing of the board each year appoint a superintendent of public health for the 
county, who shall be learned in medicine, and hold a license to practice med- 
icine and surgery within the state, and the several persons appointed shall hold 
their offices for one year and until their successors a e elected and qualified. 

Provided, however, that whenever the state board of health has reason to 
believe that the county superintendent of public health Is failing to perform 
his duties as prescribed by law they may report the case to the board of county 
commissioners, and the latter may, after proper hearing, at their next meeting 
declare the office vacant, and appoint another physician in his place for the 
remainder of the unexpired term. 

NON-PARTISAN ELECTIONS. 

§ 907. No PARTY ballots.] In all petitions and affidavits to be filed by 
or in behalf of any candidate for nomination at any primary election to the 
offices of state superintendent of public instruction and county superintendents 
of schools, no reference shall be made to any party ballot or to the party af- 
filiation of such candidate. 

§ 908. Separate ballots for school nominations.] At all primary elec- 
tions at which candidates for the offices herein referred to are to be nominated, 
there shall be separate ballots, which ballots shall be entitled, "Non-partisan 
school ballot," and the names of such candidates shall be placed thereon with- 
out party designation, and there shall be designated thereon the number of 



108 GENEEAL SCHOOL LAWS 



persons to be elected to each ofBce. Except as herein provided, this ballot 
shall be prepared, printed, distributed, canvassed and returned in the manner 
now provided by law for primary election ballots, and shall be delivered to each 
elector - by the proper election oflBcers and, where there are three or more can- 
didates for the same office, the two candidates receiving the highest number 
of votes for such office shall be duly nominated thereto, and where there are 
only two candidates for the same office, both candidates shall be duly nomi- 
nated thereto. 

§ 909. Ballots at general election.] At the general election there shall 
be a separate ballot upon which shall be placed the names of all candidates 
who have been nominated as herein provided, which ballot shall be entitled 
"School Ballot," and the names of all such candidates shall be placed thereon 
without party designation, and there s all be designated thereon the number 
of candidates for each office for whom each elector is entitled to vote. Ex- 
cept as hereinafter provided, this ballot shal be prepared, printed, distributed, 
canvassed and returned in the manner now provided by law for general elec- 
tion ballots. This ballot shall be delivered to each elector, and the candidates 
for each office on such "Non-partisan school ballot" receiving the highest num- 
ber of votes shall be duly elected to such office. 

CARE OF BLIND CHILDREN. 

§ 1707. Until there shall have been established by law in this state an in- 
stitution for the care, maintenance and instruction of blind children under 
school age the board of control of state institutions shall have power to pro- 
vide for such care, maintenance and instruction of such children residing in 
this state in a suitable institution inside or without the state, in any case where 
by reason of lack of means or other cause, the parent or parents of such children 
may be unable to properly care for, maintain and instruct them until they reach 
school age. 

§ 1708. For the purpose of providing such care, maintenance and instruc- 
tion, the said board of control shall have power to contract with any suitable 
institution for the care, maintenance and instruction of such children and to 
provide for their transportation to and from the same. 

INMATES OF INSTITUTION FOR FEEBLE MINDED. 

§ 1714. Who may receive benefits of school.] All feeble minded per- 
sons residents of this state, who, in the opinion of the superintendent, are of 
suitable age and capacity to receive instruction in the Institution for Feeble 
Minded, and whose defects prevent them from receiving proper training in 
the public schools of the state, and all idiotic and epileptic persons resident of 
this state, may be admitted to and receive the benefits of the institution, sub- 
ject to payment of the sums hereinafter provided, and to such rules and regula- 
tions as may be made by the Board of Control; provided, however, that any 
inmate of such institution shall not be removed therefrom, except upon a writ- 
ten request of the parent, parents, guardian or custodian of such inmate, which 
said request must receive the approval of the superintendent before such in- 
mate can be removed. But any feeble minded person who is offensive to the 



STATE OF NORTH DAKOTA 109 



public peace or to good morals, and who is a proper subject for classification 
and discipline in the institution, may be committed, on pursuing the same course 
of legal commitment as govern admissions to the State Hospital for the Insane. 
Such commitment shall comply with such rules and regulations as may be made 
by the Board of Control, and shall be accompanied by the certificate of indi- 
gence, as provided in Sections 1717 and 1718 of Compiled Laws of 1913. 

APPROPRIATION REQUESTS TO BE PRINTED. 

§ 1739. Required of boards.] The boards of trustees of the State Uni- 
versity at Grand Forks, the Agricultural College at Fargo, the State Normal 
Schools, the Normal and Industrial School at EUendale, the Science School 
at Wahpeton, and the School of Forestry at Bottineau, shall prepare and sub- 
mit to the state board of education on or before November 15 preceding each 
biennial session of the legislature, in duplicate form, a carefully itemized state- 
ment of the needs of the institutions under the direction of the above boards 
for the biennial period. 

§ 1740. Contents of statements.] (a) The statements shall show es- 
timated receipts for all sources, and the estimated expenditures for maintenance, 
not including expenditures for buildings and other permanencies for the bien- 
nial period. 

(b) The statements shall also show the appropriations necessary for build- 
ings, other permanencies, such m,aintenance as is needed over and above esti- 
mated income, and the specific amounts asked for in the form of appropriations 
for such purposes. 

(c) It is further provided that the legislature shall make no appropriations 
for purposes not presented in the general requests of the institutions at the 
time required in Section 1739. 

§ 1741. Publication.] Upon receipt of these statements from the boards 
enumerated in section 1739 of this act the governor shall immediately have the 
same printed in one pamphlet and distributed to members and members-elect 
of the legislature not later than December 15th. 

§ 1742. Legislation.] All persons, institutions and educational interests 
shall so far as possible submit to the state board of education on or before 
November 15th preceding the assembling of the legislative assembly any de- 
sired legislation affecting education or amendments to the existing school laws, 
which, together with any comments on the same that the board of education 
may care to make, shall be published, and copies thereof presented to the mem- 
bers of the legislature as hereinbefore provided in section 1741 of this act. 

REQUIRING STATE INSTITUTIONS TO USE LIGNITE COAL. (Session 

Laws 1915). 
§ 1828. Public institutions to use.] The various state institutions, county 
buildings and public school houses in this state shall use for fuel, native or lig- 
nite coal, or lignite coal products, and it shall be unlawful for any officer to 
purchase for use in such institutions, county buildings and public schools any 
coal other than that taken from the mines within the boundaries of this state. 
This section shall not be construed, however, as prohibiting the use of other 
coal or wood at such institutions, county buildings and public schools, when 



110 GENEEAL SCHOOL LAWS 



the cost thereof does not exceed that of native coal, or the use of coal other than 
native lignite coal or lignite coal products at such public schools as are located 
six miles or more from any mine or railroad station within the boundaries of this 
state; provided, that the comparative cost of such fuel is not greater than that 
of lignite coal, or lignite coal products. 

All purchases of lignite coal shall be based upon proposals published in some 
newspaper published in and having a general circulation in the State of North 
Dakota and copies of said proposals shall be filed in the office of the secretary 
of state at Bismarck, N. D., on or about the date thereof and said purchases 
of lignite coal shall be made from the lowest responsible bidder and shall be 
based on the following standard contract grade: 

Two thousand (2,000) pounds shall constitute one (1) ton standard contract 
grade of lignite coal. 

Standard contract grade of lignite coal shall contain as delivered thirty-three 
(33) per cent of moisture as determined at one hundred and five (105) degrees 
centigrade (c). For actual weight of moisture above thirty-five (35) per cent 
deduct proportionately the price per ton. 

Standard contract grade lignite coal, water-free basis, shall contain from ten 
(10) to fifteen (15) per cent of ash. For each one (1) per cent of ash above 
fifteen (15) per cent deduct two and one-quarter (2/4) per cent of the bid ptice 
per ton. For each one (1) per cent below the ten (10) per cent add one and 
three-fifths (1 3-5) per cent of the bid price per ton. 

Standard contract gradfe lignite coal shall contain, water-f ee basis, no over 
two (2) per cent of sulph-ur. For each one (1) per cent or major fraction thereof 
above two (2) per cent deduct two (2) per cent of the bid price per ton. 

Standard contract grade lignite coal shall contain, water-free basis, nine thou- 
sand five hundred (9500) British Thermal Units (B. T. U.) and the price per ton 
shall be based upon the number of heat units. When the British Thermal Units 
(B. T. U.) are in excess of that amount, such excess shall be paid for proportion- 
ately; and if the contents are less than nine thousand five hundred (9500) British 
Thermal Units (B. T. U.) then a proportionate amount shall be deducted from 
the price. 

The method of ascertaining the above facts shall be agreed upon between 
buyer and seller; provided, that any school or institution which does not use to 
exceed fifty (50) tons of coal in any one year shall not be required to publish for 
proposals as herein provided. 

Penalty.] Any board having charge or control of such school or institution 
which shall purcha e fuel in violation of the provisions of Section 1828, shall be 
personally liable for the purchase price thereof and such school or institution 
shall not be liable therefor. Provided, however, that this act shall not apply to 
country schools or public buildings where no janitor is employed. 

PROHIBITING PUBLIC DRINKING CUPS. 

§ 2952. The use of public drinking cups on railroad trains, in railroad stations, 
in the public, parochial, or private schools, and other educational institutions 
and other public buildings of the state of North Dakota, is hereby prohibited 
from and after September 1, 1913. 

§ 2953. N . person or corporation in charge of any railroad train or station, 



STATE OF NORTH DAKOTA 111 



no school board, board of education, town board of school directors, or board of 
trustees of any public, parochial, or p ivate school or educational institutions 
and other public-buildings shall furnish any drinking cups foi' public use, and no 
person or corporation shall permit upon said railroad trains or in station, or at 
any said public, parochial, or private school, or educational institution, the com- 
mon use of drinking cups. 

§ 2954. Whosoever violates the provisions of this act shall be deemed guilty 
of a misdemeanor and shall be liable to a fine not to exceed twenty-five dollars for 
each offense. 

CHAPTER 270 

HOUSE BILL No. 175. 

Village and School Districts May Redeem Bonds. 

An Act authorizing and directing the board of university and school lands and 
the state treasurer to allow counties, cities, towns, villages and school districts 
that have sold their bonds at par to the state, to redeem one or more of said 
bonds when sufficient funds have accumulated in their sinking und at par 
with accrued interest. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. That the board of university and school lands and the state treasurer 
are hereby authorized and directed to allow any county, city, town, village or 
school district to redeem at any time after two years at par with accrued interest, 
any bond or bonds which have been sold to the state at par when they have suf- 
ficient funds accumulated in their sinking funds so to do, on giving sixt days' 
notice to the sta e treasurer, and thereafter, on like conditions, until all such out- 
standing bonds have been paid. 

CHAPTER 165 

HOUSE BILL NO. 219. 

Authorizes Cities, Villages, Townships and School Boards to pay 
Rentals of Halls used for Public Purposes. 

An Act authorizing and empowering city councils, city commissioners, village 
trustees, township supervisors and school boards to pay the rentals of halls 
and auditoriums, when used for public purposes, and to provide by taxation 
therefor. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Authorities may pay rental of hall and provide funds therefor 
BY taxation.] The city council, city commission, village trustees, or township 
supervisors, of any city, village or township, or the school board of any school 
district, are hereby authorized and empowered to pay the rental of any hall or 
auditorium when|the same shall be used for any public meetings or purpose, 
and no charge is made for admission thereto, and may annually provide by taxa- 
tion a sum sufficient for defraying any such expense for rental as they may anti- 



112 GENERAL SCHOOL LAWS 



cipate for the coming year, provided, however, that this act shall not apply to 
any city where there exists a public hall owned by a municipality, suitable for 
the purpose. 

§ 2. May pat rental out of other funds until tax is available.] Until 
such funds so provided shall become available, it shall be lawful for the council 
or city commission of any city, the trustees of any village, the supervisors of any 
township, or the school board of any school district, to pay out of funds on hand, 
not otherwise appropriated or required, such sums as they may deem a fair rental 
for any hall or auditorium when used for a public meeting as above provided. 

§ 3. Emergency.] Whereas, an emergency exists in that such officials are 
not now authorized or empowered to pay the rental of any hall or auditorium 
when used for public purposes, therefore this act shall take effect and be in force 
from and after its passage and approval. 

CHAPTER 237 

HOUSE BILL No. 361. 
(Committee on Education.) 

Board of Regents. 

An Act creating a board of regents for the state university, the .tate agricultural 
college, the normal schools, the school of science, the normal and industrial 
school, the school of forestry, and such state educational institutions as may 
be hereafter established, to prescribe its powers and duties, to provide for the 
management and control of the state educational institutions, to provide an 
appropriation to carry out the purposes of the act, and repealing all acts 
and parts of acts in conflict or inconsistent therewith. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. State board of regents, institutions under its control.] A board 
of regents of state educational institutions, to be ofiicially known as the state 
board of regents, consisting of five members, is hereby created for the general 
control and administration of the following state educational institutions. 

1. The state university and school of mines, at Grand Forks, with their sub- 
stations. 

2. The state agricultural college and experiment station, at Fargo, with their 
sub-stations. 

3. The school of science, at Wahpeton. 

4. The state normal schools at Valley City, Mayville and Minot. 

5. The normal and industrial school, at EUendale. 

6. The school of forestry, at Bottineau. 

7. And such other state educational institutions as may be hereafter estab- 
lished. 

§ 2. Board, how appointed. Qualifications. Term of office.] The 
state board of regents shall consist of five members, all of whom shall be qualified 
electors and tax payers of the state, appointed for their fitness, and ability to 
efficiently serve the people of the state in such capacity, and one member and 
not more than two of such board shall be appointed from each congressional 
district, and not more than one member shall be appointed from any one county. 



STATE OF NORTH DAKOTA 113 



No more than one person who is an alumnus of any of the institutions under the 
control of such board shall be a member thereof at the same time, and any person 
who has been connected with any of such institutions, either as a member of any 
normal board of control, or board of trustees, or as an officer or instructor, shall 
be eligible to appointment as a member of such board within two years after 
such connection with such institution has been terminated. 

The governor is empowered, and it is hereby made his duty, on or before the 
2nd day of March, A. D. 1915, to nominate, and with the consent of a majority 
of the members of the senate in executive session, to appoint as such state board 
of regents two members thereof whose term of office shall be for two yea s com- 
mencing with the first day of July, A. D. 1915, two members thereof whose term 
of office shall be for four years commencing with the first day of July, A. D. 1915, 
and one member thereof whose term of office shall be for six years, commencing 
with the first day of July, A. D. 1915, and thereafter and during the session of 
the legislative assembly, and prior to the 15th day of January in each year in 
which the term of office of any member so appointed shall expire, he shall in like 
manner nominate, and subject to such consent of a majority of the senate, ap- 
point a successor or successors to such member or members of said board whose 
term will expire with July 1st, of that year, which said appointee shall hold office 
for the full term of six years from and after the expiration of the full term of office 
for which such predecessor or predecessors were appointed. 

In event any nomination made by the governor to such board is not consented 
to and confirmed by the senate as hereinbefore provided, the governor shall 
again nominate a candidate or candidates for such office at any time while the 
legislative assembly is in session. 

The members of the board first so appointed shall meet at the seat of govern- 
ment on the first Tuesday in April, 1915, and shall organize and elect one of 
their members as president of such board for a term of one year. They shall 
also elect a competent man as secretary who shall receive not to exceed 
$2,600.00 per annum, and who shall reside during his term of office in the City 
of Bismarck. 

§ 3. Removal of member. Vacancy. How filled.] The governor may 
remove any member of the board so appointed for incompetency, neglect of 
duty, immorality, malfeasance in office, or for other good cause, and in case of 
a vacancy in the membership of the board so appointed by the governor or his 
predecessor in office, whether occurring by reason of removal or otherwise, may 
declare the office vacant and fill the same by appointment until the convening 
of the next session of the legislative assembly, when he shall nominate some 
qualified person as a member of such board for the balance of such unexpired 
term and upon the consent of the senate as hereinbefore provided, shall appoint 
said nominee as a member of such board. 

§ 4. Members to take oath. Bond.] Each member of the board shall 
take oath and qualify in the manner as provided by Section 661 of the Compiled 
Laws of North Dakota of 1913, and before entering upon his official duties 
shall give an official bond, either personal or surety, in the sum of ten thousand 
dollars ($10,000.00) and running to the State of North Dakota, conditioned as 
provided by law, signed by sureties approved by the governor, and the premium 
upon such bond, if a surety bond, shall be paid out of the state treasury, and such 
bond shall be filed in the office of the secretary of state. 



114 GENEEAL SCHOOL LAWS 



§ 5. Compensation of members.] The appointive members of the state 
board of regents shall receive seven dollars ($7.00) per day and their necessary 
traveling expenses while attending meetings or in the performance of such special 
duties as the board may direct. 

§ 6 Office. Office help and supplies.] The board shall be provided 
with suitable offices in the state capitol building at Bismarck and shall provide 
necessary oflSce furnishings, books, stationery, printing, postage stamps, and 
such other supplies as are necessary, and shall employ such clerical assistance 
as in their opinion is required. 

§ 7. Powers and duties of board.] The state board of regents shall, 
upon being established as provided herein, assume all the powers and perform 
all the duties now exercised or performed by the normal board of control and the 
several boards of trustees of the institutions by this act placed under the control 
of the state board of regents July 1st, 1915. The existing normal board of con- 
trol and the boards of trustees of the institutions enumerated in this act, except 
as hereinafter provided, shall immediately upon the organization of the state 
board of regents as hereinbefore provided in this act, surrender and transfer to 
the state board of regents, all duties, rights and powers and immunities granted 
them under existing laws of this state, together with all property, deeds, records, 
reports and appurtenances of every kind, now held by the normal board of con- 
trol and boards of trustees of the institutions enumerated in Section 1 hereof. 
Such normal board of control and boards of trustees shall thereupon cease to 
exist, and the state board of regents shall succeed to all the rights, duties, powers 
and immunities belonging to the normal board of control and boards of trustees 
and shall assume full control of all property deeds, records, reports and appur- 
tenances aforesaid, until otherwise prescribed by law. 

The state board of regents shall make all necessary rules and regulations for 
its own official procedure and for the efficient management and control of the 
educational institutions and of their various departments. 

The state board of regents first appointed shall, as soon as practical after having 
organized, procure to be made by a competent expert, or experts, from without 
the state, an educational survey of all institutions under its control for the pur- 
pose of ascertaining wherein the efficiency of the state educational institutions 
can be best served and economy in conducting the same best practiced. 

Upon the completion of such educational survey the state board of regents 
shall appoint from without the state a state commissioner of education who shall 
be a graduate of some reputable college or university, who must have made a 
special study of educational problems, and have had at least three years' exper- 
ience in educational administrative work. Such commissioner of education shall 
perform such duties of examination, inspection and visitation as the board may 
direct, and shall advise the board on all matters pertaining to the curricula, 
co-ordination and correlating of work in the institutions under the control of 
such board and he shall make a special study of the particular needs and require- 
ments of each institution and shall report thereon to the board at such time as 
they shall direct. 

Such commissioner of education shall receive a salary of not to exceed five 
thousand dollars ($5,000.00) per annum, to be fixed by the board, with his actual 
and necessary traveling expenses while attending meetings of the board and in 



STATE OF NORTH DAKOTA 115 



visitation, inspection and examination of institutions under the control of said 
board. 

The state board of regents shall have the power to elect a president and 
treasurer for each of the said educational institutions, professors, instructors, 
officers and employees and shall fix the compensation paid them. 

The board shall act in consultation with the president of each institution, in 
order the more efficiently to administer to the needs and proper development 
of each institution in harmony with the best interests of the people of the state, 
and for the up-building of higher and technical education in North Dakota. 

The state board of regents shall co-ordinate and correlate the work in the dif- 
ferent institutions so as to prevent wasteful duplication and to develop co-opera- 
tion among such institutions in the exchange of instructors and students, and 
shall fix a tuition to be paid in such institutions or any department thereof when 
not provided hv law. It shall make recommendations in regard to needed 
legislation for the institutions under its control, and it shall, prior to each meeting 
of the state legislature and in ample time for due consideration by the legislative 
assembly, prepare a budget setting forth the financial needs of all state educa- 
tional institutions under its supervision and control for the period for which an 
appropriation is made. 

It shall submit with such budget plans for all betterments and improvements 
or buildings costing more than five th usand dollars ($5,000.00) for which it 
may recommend an appropriation. But when an appropriation for any amount 
has been made, there shall be no expenditure thereof until the board has secured 
suitable plans and specifications prepared by a competent architect, and accom- 
panied by a detailed statement of the amount, quality and description of all 
material and labor required for the completion of said structure; and no plan or 
plans shall be adopted, and no betterments, improvements or buildings constructed 
that CO template the expenditure of more money for completion than the amount 
appropriated by the legislature therefor, unless exempted from the pi ©visions 
of this section by the act making such appropriation. In no event shall the board 
direct or permit an expenditure for any purpose in excess of the amount appro- 
priated by law, or contemplated by the statute, and the members of said board, 
its officers, and agents, are not subject to the provisions of Sections 9827, 9828, 
9829 and 9830 of the Compiled Laws of North Dakota of 1913, but any violation 
of the provisions of either of the said sections of the code above named by any 
member of said board, its officers or agents, shall be deemed a misdemeanor and 
on conviction the offender shall be fined in any sum not less than two hundred 
dollars ($200.00) nor more than five thousand dollars (15,000.00) in the discretion 
of the court, or imprisoned in the county jail not exceeding one year, or by both 
such fine and imprisonment. 

This budget shall be transmitted in separate form to the governor and legis- 
lative assembly at the same time as its biennial report is transmitted as hereafter 
required. The board shall have general supervision, direction and control of the 
expenditure of the funds for, or belonging to, or at the disposal of, the various 
state educational institutions. 

In order to effect the greatest economy, efficiency, and facility in providing 
for the needs and work of the various institutions the president of each institu- 
tion shall submit to the state board of regents, at least once each year, a budget 
showing the needs and amounts recommended for the work of the various depart- 



116 GENEEAL SCHOOL LAWS 



ments of the institutions, and for improvements, repairs, miscellaneous items 
of maintenance and such other items as shall seem expedient. When this budget 
has been approved by the board of regents, it shall form the basis of expenditures 
for the institutions during the period designated and the president of the insti- 
tution, and the business office thereof, shall conform to this budget in the ex- 
penditures made for carrying on the work of the institution as provided for in 
this budget. No change in, or departure from, the expenditures outlined and 
provided for in the budget, shall be made except when emergency requires, when 
the approval of such change or departure by the state board of regents must first 
be had. 

The state board of regents shall install a system of accounting which shall be 
uniform as far as practicable, for all the institutions under its control. The 
board shall submit a biennial report to the governor not later than the first day 
of September next preceding the legislative session. The report herein required, 
shall contain a detailed financial statement showing fully the items of income 
from every source and expenditures of every nature, of the institutions under the 
control of the board for the period covered by the report. 

The report first made after the organization of the state board of regents as 
provided in this act, shall set forth in detail, what has been accomplished by the 
board in co-ordinating and correlating the work of the several institutions. 

§ 8. Meetings. Quorum.] , The board shall hold an annual meeting at 
its office in the city of Bismarck on the 1st Tuesday in July of each year. It ahall 
hold quarterly meetings, if practicable, at one of the institutions under its control, 
but only one quarterly meeting shall be held at the same institution in any year. 
Annual and quarterly meetings may be called by the secretary. Special meet- 
ings may be held upon the call of the president or upon request of three of 
the members of the board, at such place and time as the members demanding 
such meeting request, and a majority of such board shall constitute a quorum. 

§ 9. Itemized statement.] Before any of the expenses of the members of 
said board, any officer, or agent, thereof, or before any expenses incurred by others 
under the direction of the board, or the expenses of any officer or any employee 
of any institution under the charge of the board, shall be paid, a minutely Item- 
ized statement of every item of expenditure shall be presented to the proper 
authority duly verified, which verification shall aver that the expense bill is just, 
accurate and true and is claimed for cash expenditures, or cash disbursements, 
truly and accurately made, or payment thereof shall not be made. The expense 
bills of the members of the board, the secretary and its other employees, when 
so verified, shall be presented to the state auditing board for their written 
audit, before payment is made. The salaries and such actual expenses of the 
board, and the secretary and other officers, and the salaries of employees, shall 
be paid monthly by the state treasurer, upon the warrant of the state auditor. 

§ 10. Appropriation.] There is hereby appropriated out of any funds 
in the state treasury not otherwise appropriated the sum of eighteen thousand 
dollars ($18,000.00) annually, or as much thereof as may be necessary to carry 
out the provisions of this act. 

§ 11. Repeal.] Existing laws relating to the institutions referred to in 
this act, which are not inconsistent with the provisions of this act shall remain 
in full force, and all acts or parts of acts in conflict with or inconsistent with 
this act are hereby repealed. 



STATE OF NORTH DAKOTA 117 



§ 12. Emergency.] Whereas, an emergency exists in this, that this act is 
deemed of immediate importance in order that the board hereby created may 
be in a position to take full control of such institutions on July 1st, A. D. 1915, 
therefore this act shall be in full force and effect on and after its passage and 
approval. 

CHAPTER 138 

HOUSE BILL No. 8. 
School Boards Mat Lease Buildings for School Purposes. 
An Act to provide for and regulate the leasing of school rooms and school build- 
ings and equipment by boards of education of special school districts in certain 
cases, and to provide for the levyitig of taxes therefor. 

Be it Enacted by the Legislative A semhly of the State of North Dakota: 

§ 1. Power to lease buildings.] Whenever any board of education of 
any special school district, not having funds or credit available for construction 
or purchase, shall determine by resolution that additional school buildings or 
school rooms are necessary, and that it will be to the advantage of or for the best 
interests of the school district to rent such school buildings or school rooms and 
equipment, instead of buying or constructing the same, it may enter into a con- 
tract or lease for a term not to exceed twenty years, for the use of such building 
or buildings, to be constructed, rearranged and equipped for the use of the district, 
at a quarterly, semi-annual or annual rental to be stated therein. 

§ 2. Plans and specifications.] In all cases wherein it shall appear that 
the annual rental of such rooms, building or buildings will exceed the sum of 
Three Hundred Dollars, the said board of education must first preparfe or cause to 
be prepared, plans and specifications of such proposed school building or rooms to 
be approved by the city board of health, and the staite superintendent of public 
instruction, and shall prepare or cause to be prepared the form or substance of 
the lease or contract to be entered into, and shall file copies of such proposed 
plans and specifications and lease or contract in the office of the clerk of the board 
of education, and at such other places as the board may by resolution designate. 
Such lease or contract shall include or provide an option or privilege on the part 
of the district to purchase, at a stipulated price, the property at any time during 
the term thereof in the manner provided by law for the purchase or erection of 
school buildings. 

§ 3. Advertise for bids.] It shall then be the duty of the clerk of the board 
of education to advertise in not less than one, or more than three newspapers 
within such special school district, not less than once each week for three successive 
weeks, for bids for the construction, remodeling, providing or furnishing of such 
building or rooms and equipment, the advertisement to state where the plans 
and specifications -and proposed lease may be inspected and the time and place 
where and the conditions under which the bids will be received and opened, and 
the bids to specify the rate or rental per annum for which the bidder will supply 
the required rooms or building and equipment, and enter into the required con- 
tract. The board may reserve the right to accept or reject bids, and to require 
bidders to furnish bonds to insure their entering into the required contract and 
performing the same. 



118 GENEEAL SCHOOL LAWS 



§ 4. Tax levy.] At the time of opening such bids, or at any subsequent 
meeting within three months thereafter, the board may accept the bid or bids 
appearing most advantageous to the district, and may enter into a contract as 
hereinbefore provided, for the providing of such building or rooms and equip- 
ment, and the rental and use thereof by the district. It shall then be the duty 
of the board forthwith, to levy a special tax against all the taxable property 
of the district, for a sufficient sum annually for the full term of such lease or 
contract, to cover the annual rental therein provided for, and such tax shall be 
certified, entered and collected in the same manner as taxes to meet bond issues, 
and shall not be diverted or used for any other purpose, nor be subject to revo- 
cation nor rescission while said contract is in force and effect. If such contract 
be terminated prior to the end of the term for which such tax levy is made, then 
it shall be the duty of the board to revoke or. rescind such tax levy and to certify 
such rescission to the county auditor who will thereupon cancel the same for the 
unexpired term. |' J 

§ 5. Legal construction.] The contracting for the payment of future 
annual rental of such school rooms, or school building and equipment shall not 
be construed as creating an indebtedness on the part of the district, nor as in- 
creasing any pre-existing indebtedness, nor operate to prevent the district at any 
future time from using its limit of credit under the constitution to the same extent 
as if no such lease or contract were made. 

§ 6. Election.] In case there should be filed with the clerk of the board of 
education, at any time prior to the opening of bids, or within ten days thereafter, 
a protest signed by not less than one-fourth of the legal voters of the district, 
protesting against the accepting of any bid, or the entering into any such con- 
tract, then it shall be the duty of the board to call and hold a special election 
upon the notice and in the manner provided by law for elections upon the ques- 
tion of issuing bonds, and shall submit to the qualified electors the question of 
approving or disapproving the making of such contract, and if a majority of the 
electors voting at such election shall vote against the making of such contract, 
then no further proceedings shall be had for the same purpose until at some sub- 
sequent election a majority of the electors voting shall have signified their approval 
of the same. 

§ 7. Emergency.] Whereas, an emergency exists, in that in order for the 
benefits of this act to accrue to any such school district in time for the opening 
of the next ensuing school year, it should become operative at once; therefore, 
this act shall take effect immediately upon its passage and approval. 



CHAPTER 142 

HOUSE BILL No. 471. 

(Lathrop Committee.) 

Tuition to be Paid for Attendance at any Model School at State 

Institution. , 

An Act requiring the payment of tuition for attendance at any model high or 
graded or elementary school which is operated, maintained or in any manner 
connected with the state university, any normal school or any educational 
institution of higher learning. 



STATE OF NOETH DAKOTA 119 



Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. That all students attending any model high, graded or elementary 
school which is operated, maintained or in any manner connected with the state 
university, any normal school, publicly maintained educational institution of 
higher learning in this state in which model, high, graded or elementary school 
members of the faculty or student body of such university, normal school or insti- 
tution of higher learning teach there shall be paid by the school district in which 
said pupils reside to said institution as tuition for such attendance as follows: 
Not less than two and one-half dollars per month of actual membership per pupil 
in such model high school and not less than two dollars per month of actual mem- 
bership per pupil in any such graded, or elementary school, provided, however, 
that such tuition is payable at the close of each term or semester. 

§ 2. All acts or parts of acts in conflict herewith are hereby repealed. 



CHAPTER 254 

HOUSE BILL No. 122. 

Limits Increase of Tax Levy and Salaries. 

An Act to limit tax levies during the years 1915 and 1916, to restrict debt limits, 
and to regulate salaries of officers and the rights and duties of officials now 
dependent upon assessed valuation. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Limit of levies in counties, cities, school districts, etc.] The 
board of county commissioners of any county, or any county officer, any town- 
ship board, or any township oflBcer, any village board, or any village officer, any 
city council or city commission, park board, or board of education of any city, 
or any officer thereof, or the officers of any school district, or any other taxing 
district, or any officer thereof, that is authorized, or whose duty it may be, under 
the laws of the state, to fix or make any levy on the assessed valuation of property 
for the purposes of any taxation, shall not during the years 1915 and 1916 levy 
any amount for purposes of taxation that will exceed by more than five per cent 
for the year 1915, and ten per cent for the year 1916, the amount that such 
board or officer was authorized to levy on the assessed valuation of 1914. Any 
of the aforesaid officers, whose duty it may be under existing laws to levy taxes 
at a certain rate in mills, or fraction thereof, shall not levy during the years 1915 
and 1916 at any rate that will produce revenue in excess of 105 per cent and 110 
per cent, respectively, of that which would be produced by the levy of the pre- 
scribed rate upon the assessed valuation of 1914; provided, however, that nothing 
in this section shall be construed to prevent the raising of revenue to meet ex- 
penses which may be authorized to be incurred under laws passed by the Four- 
teenth Legislative Assembly. 

§ 2. Salaries.] No salary of any official now determined by the amount 

of the assessed valuation of property within any political sub-division shall be 

increased during the years 1915 and 1916, or prior to July 1st, 1917, beyond the 

amount now authorized on the basis of assessed valuation for the year 1914. 

§ 3. Authority, rights and duties based on assessed valuation.] When 



120 GENEEAL SCHOOL LAWS 



under the laws of this state the duty of any oiBcial to levy taxes, or the right, 
duty, or authority of any person to perform any act is conditioned upon the 
assessed valuation of the property within any political sub-division, the rights, 
duties and authority as now fixed and established under the assessed valuation 
of the property within such political sub-division for the year 1914, shall not be in 
any manner changed or modified during the years 1915 and 1916, or prior to 
July 1st, 1917, except when the addition of 5 per cent and ten per cent for the 
years 1915 and 1916, respectively, to the assessed valuation for the year 1914 
would be sufiicient to vest such authority, right or duty, under existing laws. 

§ 4. Debt limit.] The debt limit of any political sub-division within this 
state shall not be increased prior to July 1st, A. D. 1917, more than ten per cent 
annually, above that now fixed by law upon a basis of the assessed valuation of 
the property within such .political sub-division for the year 1914. 

§ 5. Repeal.] All acts or parts of acts in conflict herewith are hereby re- 
pealed. 

§ 6. Emergency.] Whereas an emergency exists in that the salary of cer- 
tain oflBcials, and other matters covered in the foregoing act, are based upon the 
assessed valuation of property, therefore, this act shall take effect and be in 
force from and after its passage and approval. 

CHAPTER 137 

SENATE BILL NO. 171. 

Fire Drill and Guards for Public Schools. 
An Act requiring fire drills in the public schools, providing for fire guards, and 

prescribing penalties for the violation thereof. 
Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Duties of teachers and superintendents.] It shall be the duty of 
all teachers in the public schools of this state where any school has more than one 
room, to give at least two fire drills each month, and no such teacher shall draw 
his salary for any month until he has certified to the clerk of the school board 
that such fire drills have been given; provided, that in districts having a super- 
intendent, such superintendent shall prescribe rules govefning such fire drills 
for the schools under his supervision, and he shall not draw his salary until he 
shall have certified to the clerk of the school board or the secretary of the board 
of education that at least two such fire drills have been given in each school 
under his supervision, as provided for in this act. 

§ 2. Duty of county superintendent.] It shall be the duty of the county 
superintendent of schools to prescribe reasonable rules for giving fire drills in the 
rural schools of his county, with special reference to prairie fires, and any school 
board may direct that no teacher shall draw his salary until one fire drill each 
month shall have been given. 

§ 3. Fire guards.] It shall be the duty of every school board in this state 
to provide such fire guards as they may deem reasonable around schools in their 
districts. Should any school board fail or neglect to provide such fire guards, 
it shall be the duty of the county superintendent of schools to notify such school 
board of such failure, and it shall be a misdemeanor for any member of such school 
board, after being so notified, to draw his salary until such guards have been 
made. 



STATE OF NOETH DAKOTA 121 



CHAPTER 145 

SENATE BILL No. 59. 

Providing Uniform Text Books. 

An Act to provide uniformity of school textbooks in each of the common, inde- 
pendent and special school districts; to regulate the sale and price of same; to 
provide for selection, adoption, and contract by common school district boards 
and boards of education of independent and special school districts, and the 
sale of same through purchasing agents of such boards, or the purchase direct 
of such boards and sale at cost or loan free of expense to pupils. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Before any person, firm, company or corporation shall offer for selection, 
adoption, contract, sale or exchange any school textbook or book for use in the 
schools of the State of North Dakota, such person, firm, company or corporation 
shall comply with the following conditions: 

1. File a copy of such school textbook or book for use in the schools of the state 
in the office of the state superintendent of public instruction with a sworn state- 
ment of the published list price; the lowest wholesale price; and the lowest ex- 
change price; based upon three and five year contract periods, at which said 
school textbook or book is sold or exchanged for an old book in the same subject 
of like grade and kind but a different series, to any school board, school corpora- 
tion, or school commission anywhere in the United States. 

2. File with the state superintendent of public instruction a bond running 
to the State of North Dakota, with a responsible surety company authorized to 
do business in the State of North Dakota as surety thereon in the penal sum to 
be determined by the state superintendent of public instruction but not less than 
two thousand dollars nor more than ten thousand dollars conditioned as fol- 
lows: 

(a) That any book listed in said statement and in any other statement sub- 
sequently filed by said person, firm, company or corporation shall be supplied by 
the publisher to any school district or any school corporation in the State of 
North Dakota at the price and terms contained in said statement. 

(b) That such price and terms so filed are to be reduced automatically in 
North Dakota whenever reductions are made by the publisher elsewhere in 
the United States so that at no time shall any book so filed and listed be sold to 
district school boards, boards of education or to their authorized purchasing 
agents at a higher price than is received for such book by the publisher elsewhere 
in the United States. 

(c) That all textbooks offered for sale, adoption, contract or exchange by 
the publisher in the State of North Dakota shall be equal in quality to those 
deposited in the office of the state superintendent of public instruction as regards 
paper, binding, printing, illustrations, subject matter, and all particulars that 
may effect the value of such textbooks. 

(d) That in case an abridged or special edition of any book shall be prepared 
the person, firm, company or corporation manufacturing the same shall sell such 
special edition to district school boards, boards of education of North Dakota 



122 GENEEAL SCHOOL LAWS 



or to their authorized purchasing agents at the same wholesale price at which 
the book is so d elsewhere. 

(e) That no person, firm, company or corporation filing their books in North 
Dakota under the provisions of this act shall enter into any understanding, 
agreement or combination to control prices or restrict competition in the sale of 
school textbooks. 

§ 2. Such bond shall be approved by the attorney general and upon such 
approval, said person, firm, company or corporation shall be licensed by the 
state superintendent of public instruction to sell the book or books so filed in 
the State of North Dakota. 

§ 3. It shall be the duty of the state superintendent of public instruction 
to have printed and distributed to the clerks of district school boards, secre- 
taries of boards of education of independent and special school districts and 
county superintendents of schools within six (6) months after this act takes 
effect, a complete list of books filed with his department giving the prices and 
terms of same; and the state superintendent of public instruction shall have 
printed and distributed annually thereafter a supplementary list of textbooks 
with prices and terms filed during the year, and all books used in the public 
schools of the State of North Dakota may be selected, adopted, and contracted 
for from said list by district school boards and boards of education, and books 
so designated and contracted for shall be used exclusively for three (3) or five 
(5) years during which time such books shall not be changed; provided, however, 
this shall not prevent school boards from using other supplementary books. 

§ 4. If in any case any person, firm, company, or corporation, shall supply 
any district school board, board of education or purchasing agent of same, books 
inferior to the samples on file with the state superintendent of public instruc- 
tion, or charge a higher price than was filed or than the same are sold elsewhere 
in the United States, then it shall be the duty of the county superintendent on 
written complaint filed with him by the school board of such a district to in- 
form the state superintendent of public instruction of the failure of said per- 
son, firm, company or corporation to comply with the terms of his filing. The 
state superintendent of public instruction shall thereupon notify the said per- 
son, firm, company or corporation of said complaint, and if said person, firm, 
company or corporation shall disregard the notification and fail to comply with 
the terms of agreement filed with the state superintendent, then the bond of 
said person, firm, company or corporation shall be forfeited, and the attorney 
general shall upon written request of the state superintendent of public in- 
struction proceed to collect the full amount of said bond. 

§ 5. No person, firm, company or corporation shall secure or attempt to 
secure the adoption, selection, contract or sale of any school textbook in this 
state by rewarding or promising to reward any teacher in any school in the state. 
No person, firm, company or corporation shall offer or give emolument money 
or any valuable thing, promise or work, or any other inducement to any teacher 
or school oflBcer in any school district for any vote or promise of vote or for his 
influence for any schoolbook to be used in this state; provided, that nothing in 
this section shall be construed to prevent any person, firm, company, or cor- 
poration from giving, or any school officer or teacher from receiving a reason- 
able number of sample schoolbooks for examination with the view of obtain- 
ing information as to the textbook or series of books from which said officer 



STATE OF NORTH DAKOTA 123 



shall give his vote; provided, further, that any school officer or teacher receiv- 
ing for examination sample books, shall after such examination deliver such 
samples to the clerk of the school district and such books shall then become 
the property of the district. 

§ 6. Boards of education and district school boards are hereby authorized 
and shall have the power to appoint agents or dealers to purchase, handle and 
sell the books which have been selected and contracted for, and it shall be un- 
lawful for any dealer or for any purchasing agent of any school district to sell 
any books to pupils of the district lifted with the state superintendent of pub- 
lic instruction as hereinbefore provided at a price to exceed 15 per cent advance 
on the net cost of the book as listed with the department of public instruction 
and as named in the contract with the school district; provided, that to the 
selling price as above determined be added the net cost of transportation. 

§ 7. School districts are hereby authorized to purchase textbooks from the 
publisher at prices and terms listed with the state superintendent of public in- 
struction and to sell said books to the pupils at said cost prices or at such prices 
as will include the cost of transportation and cost of handling. District school 
boards and boards of education shall have the authority and are authorized 
to purchase all necessary books for indigent pupils and pay for same out of the 
funds of the district, and to loan same free of expense to such pupils. The dis- 
trict school board or board of education shall purchase all books necessary for 
the use of teachers in conducting the work in the schools of the district where 
such teachers are employed and such books shall be paid for out of the funds 
of the district and be held as the property of the district. 

§ 8. When a family removes from a school district, where free textbooks 
are not provided, the school board of the district from which the family removes 
may purchase out of the funds of the district, the textbooks in actual use by 
the children of such family at a fair price based upon the cost of the books and 
upon the condition of same; the books so purchased may be resold to other 
children in said district. 

§ 9. When the district school board or board of education of any district 
deems it advisable, said board may provide for the free use of school textbooks 
by the pupils of their school or schools, or whenever five or more legal voters 
of a common school district or 10 per cent of the legal voters of a consolidated, 
special or independent school district shall petition the board to submit to such 
district the question of providing free textbooks to pupils attending such schools, 
it shall be the duty of such board to submit same to the legal voters of such dis- 
trict. Such questions may be submitted to a special meeting or at any annual 
meeting provided fourteen days' notice is given thereof and by posting said 
notice on the schoolhouse or schoolhouses of such district and in sudh other 
public place or places as the district school board or board of education deems 
advisable, and in all cases the notice of such meeting shall call attention to the 
fact that such question will be submitted, and in case of a majority of the legal 
voters of such district present and voting at such meeting are in favor of such 
free textbooks, it shall be the duty of the board to provide the same. All books 
purchased by school boards, as herein provided shall be held as the property of 
the district and loaned to pupils of the district while pursuing a course of study 
therein, free of charge; but the school board shall hold such pupils responsible 



124 GENEEAL SCHOOL LAWS 



for any damage to, or loss of, or failure to return such books at the time and to 
the person that may be designated by the board of such district. 

§ 10. Any person, firm, company or corporation violating any provision of 
this act shall on conviction thereof be punished by fine not to exceed five hun- 
dred dollars, or by imprisonment not to exceed three months, or by both such 
fine and imprisonment at the discretion of the court. 

§ 11. All acts or parts of acts inconsistent herewith are hereby repealed. 



CHAPTER 128 

SENATE BILL No. 127 

County Aid to Rural, Graded and Consolidated Schools. 
An Act to provide for county aid to rural, graded and consolidated schools. 

Be it Enacted by the Legislative Assembly of the State of North Dakota: 

§ 1. Petition. Election.] Whenever a petition, signed by qualified elect- 
ors of the county equal in number to ten per centum of the votes cast in the 
county for the candidates of all parties for the ofiice of governor at the last pre- 
ceding general election, is presented to the board of county commissioners at least 
forty days prior to any general election praying that a tax be levied upon all taxable 
property in the county for the purpose of providing county aid to rural, graded 
and consolidated schools, the board o county commissioners shall submit such 
question to the people of the county at the next succeeding general election. 
Such question shall appear upon the ballot in the following form: 

For county aid to rural, graded and consolidated schools [ ] 

Against county aid to rural, graded and consolidated schools [ ] 

If a majority of the electors voting upon the proposition be in favor of grant- 
ing such aid, the county commissioners shall levy a tax of not to exceed one mill 
on each dollar of assessed valuation of all taxable property in the county. 

§ 2. Apportionment of tax.] The moneys derived from the tax so levied 
snail be apportioned among the rural, graded and consolidated schools of the 
county in the same manner as the moneys received from the state are now ap- 
portioned among such schools. When making the apportionment among the 
schools, the board of county commissioners shall consult with the county super- 
intendent of schools and it shall be his duty to assist the board of county commis- 
sioners in making the apportionment of said moneys in the manner herein pro- 
vided. 

§ 3. Emergency.] Whereas, an emergency exists in that no provision is 
made by law for county aid to rural, graded and consolidated schools, therefore, 
this act shall take effect and be in force from and after its passage and approval. 



INDEX 



Section Page 

ACCOUNTS— 

County treasurer to keep, with school corporations. . . .1220 33 

Form of, for district treasurer 1218 32, 33 

ACTIONS— 

Brought in the name of the state 1414 80 

Compulsory attendance law, for violation of 1345 63 

District treasurer failing to pay over money 1352. 65 

State's attorney to prosecute for non-attendance 1345 63 

Who may institute, on school treasurer's bond 1171 22 

ACTS LEGALIZED— 

Indebtedness and warrants legalized 1421 81 

Must be within debt limit 1422 82 

Pending actions not affected 1422 82 

Eef unding bonds legalized 1421 . . ; 81 

ADDITIONAL SCHOOL TIME— 

When additional time may be granted 1191 27 

ADJACENT TEERITORY— 

How attached to common school district . 1142 15 

To special district 1240 38 

ADVERTISING— 

Proposals for building school house 1340 61, 62 

For depository of school funds 1474 97 

AGE— 

Compulsory attendance 1342 62 

Deaf and feeble-minded, compulsory attendance 1342 62 

Required for elementary certificate 1360, 1361 66 

For professional certificate 1362 66 

AGRICULTURAL DEPARTMENTS IN HIGH SCHOOLS— 

Appropriation for agriculture in schools 1433 84, 85 

For each of five schools 1433 84, 85 

Instruction offered in agricultural schools 1434 85 

Limited to one in county 1435 86 

National aid, to receive share 1435 85, 86 

Other subjects beside agriculture 1434 85 

Requirements to receive benefits of the act 1434 85 

Schools eligible to benefits of the act 1435 85, 86 

AID, COUNTY— 

To consolidated, graded and rural schools, except high 

schools 1 124 

Election upon petition 1 124 

Limit of tax 1 124 

Tax, how apportioned 2 124 



126 INDEX 

Section Page 

AID, state- 
To consolidated schools 1446 89 

To graded schools 1445 89 

To high schools 1433 85 

To high schools having agricultural departments 1433 85 

To rural schools 1445 89 

ANNEXATION— 

County commissioners may annex territory 1142 15 

To a special district 1240 38 

APPEALS— 

Applicant for certificate may appeal, how 1371 69 

From decision of county superintendent 1132 13 

Practice, state superintendent shall prescribe 1110 10 

State superintendent decides appeals 1110 10 

APPOETIONMENT— 

Basis of, tuition funds 1208, 1217 30, 32 

County tuition fund by county superintendent 1225 35 

State tuition fund, by county superintendent. . . .1131, 1217 13, 32 

State superintendent apportions when 1210 30 

Withheld, when 1214, 1216 31, 32 

APPEOPEIATIONS— 

Consolidated schools, aid for 1446 89 

Educational institutions, state 1418 80 

Graded and rural schools, aid for 1445 89 

Institute fund, state appropriation 1392 73 

Schools having departments of agriculture 1433 85 

State board of regents 10 116 

State high school as aid 1433 85 

APPEOPEIATIONS, EEQUESTS FOE- 

Certain institutions to submit 1739 109 

Publication of statements, how 1741 109 

Statements to contain, what 1740 109 

AEBITEATION— 

(See Board of Arbitration) 

Board constituted 1327 57, 58 

Debts and assets determined by 1321 56 

Divides property of the districts concerned 1328 58 

ASSESSOES— 

County superintendents to furnish maps 1129 13 

ASSESSMENTS— 
(See Taxes) 

ASSOCIATIONS— 

County teachers' association 1125 12, 13 

State association, proceedings to be published 1119 11, 12 

Teachers may attend 1401 76 

ATTENDANCE— 

Compulsory age for 1342 62 

Length of time pupil must attend 1342 62 

Penalty for failure to comply with the law 1344 63 

Prosecution for failure to obey law 1345 63, 64 

Who are exempt from compulsory attendance 1342 62, 63 



INDEX 127 



Section Page 

BALLOTS— 

Form of, for election on bonds 1333 59 

For formation of special district 1233 37 

For consolidation of schools 1190 27 

For special districts 1265 44 

To divide and form special district 1233 37 

School, non-partisan 907 107 

No party ballots 907 107 

Same at general election 909 108 

School nominations on separate ballots 908 107, 108 

BANKS— 

Designated as depositories 1473 97 

In special districts 1277 46, 47 

To furnish monthly statements 1483 99 

BIBLE— 

Not a sectarian book, teacher may read 1388 73 

BLANKS— 

Distributed by county superintendent 1125 12 

Prepared by superintendent of public instruction 1108 10 

BLIND And defective— 

Care of blind children 1707-8 108 

Care of feeble minded persons 1714 108, 109 

Enumeration of, by school board 1195 28 

BLIND CHILDEEN, CAEE OF— 

Board of control has power 1707-8 108 

Children under school age 1707 108 

BOAED OF ADJUSTEES— 

How composed, and duties ; 1228 35, 36 

BOAED OF AEBITEATION— 

Appointment of members of board 1327 57, 58 

Duties of such board 1328 58 

Members of the board 1327 57, 58 

Taxes levied by, to pay award 1328-1329 58 

Collection of taxes so levied 1330 58 

BOAED OF EDUCATION— 

(See Common School District Board) 

(See topic under Special District and Independent District) 

BOAED OF EDUCATION IN CEETAIN CITIES— 

Arbitration on change of boundaries 1321 56 

Assets, how determined 1321 56 

Debts determined, how 1321 56 

Elected at large 1315 55 

Election, how conducted 1317 56 

Independent organizations, abolished, how 1319 56 

Old school officers hold over 1320 56 

Eelatives not eligible as teachers 1318 56 

Term of office of board members 1316 56 

BOAED OF EXAMINEES— 

(See State Board of Education) 



128 INDEX 



Section Page 

BOAED OF HEALTH— 

County 1186, 404 25, 107 

BOAED OF INSPECTION— 

Who constitutes, and duties of board. . 1186 25 

BOAED OF EEGENTS— 

(See State Board of Eegents) 

BOAED OP UNIVEESITY AND SCHOOL LANDS— 

May redeem bonds (Chapter 270, Laws 1915) 1 Ill 

BONDS— 

Of special district (see under Special District) 

Of independent district (see under Independent District) 

BONDS OP COMMON SCHOOL DISTEICTS— 

Bonds, denomination of 1334 59 

Building contracts let on bids 1340 61, 62 

Cancelled bonds recorded 1339 61 

Certificate of county auditor required 1335 60 

County auditor may levy tax, when 1338 61 

Depository of sinking fund 1336 60, 61 

How selected 1336 60, 61 

Election for issue of bonds 1332 58, 59 

Ballot for election for bonds 1333 59 

Called on petition only 1333 59 

Notice of election on bonds 1333 59 

Not to be resubmitted in the same year 1333 59 

Form of bonds 1335 59, 60 

How issued 1332 58, 59 

Issued for ]3i'evious indebtedness, may be 1341 62 

Limit of bond issue 1334 59 

Negotiated, how 1337 61 

Purpose of bond issue 1332 58, 59 

Eate of interest 1334 59 

Eecord of bonds to be kept 1335 59, 60 

Eedeemed, when and how 1 Ill 

Eegister of bonds 1335 60 

Sinking fund for payment of bonds 1336 60, 61 

Statement from district officers 1335 59, 60 

Tax levy for sinking fund and interest 1336 60 

Treasurer exempt from liability, when 1336 61 

BONDS, OFFICIAL— 

Action on school treasurer 's bond 1171 22 

Bank must give bond as depository 1475 97, 98 

City treasurer as treasurer of independent district. . . .1305 53 

Contractor, for building, must give bond 1340 61, 62 

Members state board of regents 4 113 

School treasurer 's bond 1165 20, 21 

Additional bond required, when 1166 21 

Surety bond, and x^remium, how paid 1167 21 

Treasurer of special school district gives bond 1256 42 

Where bonds are filed 1171 22 

BOOKS— 

Free text books 1397 75 

List for libraries, furnislied by whom 1108 10 

Text books approved by state superintendent 1397 75 

Uniform text books (Chapter 145) 1-11 121, 124 



INDEX 129 



Section Page 

BOUND AEIES— 

County commissioners may rearrange 1147 16, 17 

How changed 1146 16 

By annexation of part of town 1143 15, 16 

New districts receive wliat boundaries 1147 16, 17 

Of independent school districts 1289 49 

Of special district, how changed 1240 38 

BEANCHES OF STUDY— 
(See Studies) 

CENSUS, SCHOOL— 

Enumeration, taken when and how 1195 28 

In independent districts 1304 53 

In special districts 1251 (15) 41 

Eeport sent to whom 1196 28 

CEETIEICATES— 

Accredited work 1368 68 

Appeal of applicants 1371 69 

Diplomas accredited, state institutions 1365 67 

Accredited other institutions 1366 68 

Disposition of fees for examination 1377 70 

Examination by county superintendent 1370 69 

Fees for certificates / 1376 70 

Grades of certificates 1359 66 

First grade elementary certificate 1361 66 

First grade professional certificate 1363 67 

Second grade elementary certificate 1360 66 

Second grade professional certificate 1362 66, 67 

High, school diplomas accredited, when 1369 68, 69 

Issued by state board of education 1358 65, 66 

Other diplomas accredited 1366 68 

Papers kept on file, how long 1371 69 

Permits issued when, and to whom 1367 68 

Pupils from agricultural schools, stsndings of 1465 95 

Qualifications of teachers 1372 69 

Eecorded in the office of county superintendent 1372 69 

Ee-examination of papers, when 1371 69 

Eevoked, when 1374 69, 70 

How revoked 1375 70 

Teacher entitled to hearing 1375 70 

Special certificates 1364 67 

Subjects in which to be examined 77 5 

Teacher must hold certificate to teach 1373 69 

When revocable 1374 69, 70 

CHILD LABOE— 

Age when unlawful to employ children 1404 77 

Employment certificate, what to contain 1408 78 

Issued on what evidence 1407 78 

Must be exhibited, to whom 1405 77 

Must be kept on file 1405 77 

Who may issue certificates 1406 77 

Employments prohibited 1412 79 

Evidence of age furnished 1405 77 

Hours of labor for employment of child 1410 78, 79 

Inspection of places of work 1411 79 

Lists of children employed must be posted 1405 77 



130 INDEX 



CHILD LABOE (Continued)— Section Page 

Lists accessible, to whom 1405 77 

Peace officer to inspect 1411 79 

Penalty for violating provisions of this act 1413 79, 80 

Prosecutions, how brought 1414 80 

Qualifications of the child for certificate 1407 78 

School record of child shall contain, what 1409 78 

CITY COUNCIL— 

Ordinances as to property of independent district. . . .1314 55 

CITY TEEASUEEE— 

In special districts is treasurer 1254 41 

Is treasurer of independent district 1304 53 

Moneys of district paid to, when 1303-4 52, 53 

CLEEK or SCHOOL DISTEICT— 
(See District Clerk) 

COAL— 

Use of lignite required 1828 109, 110 

COMMISSIONS OE EEWAEDS— 

Not to be received by any school officer 1529 106, 107 

COMMON SCHOOL DISTEICT— 

Apportionment forfeited, when 1216 31, 32 

Attached to other districts, when 1142 15 

Bonds (See Bonds Common School District) 

Boundaries changed, how 1146 16 

General changes 1147 16, 17 

Conditions on which organized 1141 15 

Consolidated, when and how 1190 27 

Contracts of, irregular ratified 1150 17 

County commissioners, duties of 1146-47 16, 17 

County treasurer, accounts with 1220 33, 34 

Divided, when by natural object 1142 15 

Division to form special district 1230-35 36, 37 

Each district a corporation 1140 15 

Election of officers 1151-59 17, 19 

See Election of Officers in Common School Districts) 
Election on bonds (See Bonds of Common School District) 

Having no school board, indebtedness how paid 1228 35, 36 

Irregularities legalized 1150 17 

May acquire and dispose of property 1140 15 

May sue and be sued 1140 15 

Name of district 1145 16 

New districts, how formed 1147 16, 17 

In adjacent counties 1147 16, 17 

Public notice, how given 1148 17 

Not entitled to tuition fund, when 1214, 1216 31, 32 

Numbers of 1145 16 

Old numbers retained 1145 16 

Officers in a new district 1151 17, 18 

Petition for organization 1141 15 

Plats prepared by county auditor 1149 17 

Schools shall be free and accessible 1343 63 

Small territory attached to adjacent district 1144 16 

Territory in two counties, how divided 1142 15 

Town or village divided by county line 1143 15, 16 

What constitutes a common school district 1140 15 

What territory may be organized in a school district. .1141 15 



INDEX 131 



COMMON SCHOOL DISTEICT BOARD— Section Page 

Action on treasurer 's bond 1171 22 

Additional branches of study , . 1181 24 

Additional school time 1191 27 

Annual report 1197 28 

Annual settlement with treasurer 1218 32 

Arranges school term 1189 26 

Bonds, may purchase outstanding 1336 60 

Redeemed, how (Chapter 270, Laws 1915) 1 Ill 

Branches of study, additional 1181 24 

Cancellation of paid bonds 1339 61 

Census shall be taken, and how taken 1195 28 

Of defectives, to whom sent 1196 28 

Clerk of school board 1160 20 

Annual report 1197 28 

Compensation of clerk 1164 20 

Duties of clerk 1164 20 

Vacancy in office of clerk 1325 57 

Compensation of regular officers 1162 20 

Special attendance school officers meetings 1162 20 

Consolidation of schools 1190 27 

Contracts, members not to be interested in 1349 64 

Course of study and additional branches 1181 74 

Depositories, may designate 1473 97 

District high school, may establish .1192 27 

Adjacent districts may join 1194 27 

Length of term 1193 27 

Drinking cups, public use of prohibited 2953 110, 111 

Duties of president 1163 20 

Clerk 1164 ?0 

Employ and dismiss teachers 1178 23, 24 

Equalization of indebtedness 1327 57, 58 

' Establishes schools 1174 22 

Exits for buildings required 1200 29 

Fences, to provide when 1205 29 

Fire escapes, must provide 1201 29 

Duty of what officers 1202 29 

Penalty for neglect of duty 1203 29 

Fixes length of school term 1189 26 

Free text books, may furnish i 1397 75 

When and how provided 1398 75 

(See also Chapter 145, Laws 1915) 121, 124 

Funds, treasurer pays out, when 1168 21 

Furniture and apparatus, board must provide 1176 23 

General powers of the board 1173 22 

Government and discipline, may prescribe rules 1180 24 

Grades, salaries of teachers 1178 23, 24 

Hitching posts, must provide 1207 30 

Health and decency, duty in regard to 1403 76 

How constituted 1161 20 

Indebtedness equalized 1327 57, 58 

Kindergarten, may establish, when 1402 76 

Length of school year fixed by board 1189 26 

Library, making provision for , 1176 23 

Care of library 1177 23 

Expenditure for library purposes limited 1176 23 

May appoint librarian 1177 23 

Limit salary of clerk 1164 20 

Salary of treasurer 1172 22 



132 INDEX 



COMMON SCHOOL DISTETCT BOARD (Continued) Section Page 

' Meetings, regular and special 1162 20 

New school for remote pupils 1188 26 

Oath of office 1159 19 

Oath and bonds filed with clerk 1171 22 

Organization of the board 1160 20 

Physical education, make provision for 1390 73 

Powers of board, general 1173 23 

Suecifie, of board 4174-1189 22, 26 

President, duties of 1163 20 

Proposals for building school house 1340 61, 62 

Pupils from other districts, may admit, when 1179 24 

Assigns and transfers pupils 1179 24 

Conveying and transportation of pupils 1190 27 

Prom unorganized territory 1179 24 

"Rules of discipline for pupils 1180 24 

Suspends and expels pupils for cause 1180 24 

When sent to another district, how ^ 1179 24 

Purchase of site for school house, how 1187 26 

Quorum 1161 20 

Records open to inspection 1198 28 

Must be kept in English 1199 28, 29 

Remote pupils, new school for 1188 26 

Rental public buildings, paid, when (Chapter 165) .... Ill, 112 

Repairs, fuel and supplies, to furnish 1175 23 

Report on library facts 1177 23 

School house site, how obtained 1187 26 

Area of school house site 1187 26 

Title to same 1187 26 

School house and site, new, how determined 1184 25 

Must "be kept in proper condition 1186 25, 26 

Plans, how obtained 1185 25 

Special election, how called 1185 25 

School house used for other purposes 1183 24, 25 

Under what restrictions 1183 25 

Schools established for remote pupils, how 1188 26 

Shall receive no commission 1529 106, 107 

Penalty for violation 1529 107 

Speculation in office prohibited 1349 64 

Stables in rural districts 1207 29 

Tax levy made by board 1182, 1222 24, 34 

For sinking fund and interest 1336 60, 61 

Limit of, when increased 1182 24 

Notice to county auditor 1182 24 

Teachers, employ and dismiss 1178 23, 24 

Grade, salaries of 1178 23, 24 

Terms of school, how fixed 1189 26 

When discontinued 1189 26 

Text books, free, powers of board 1397 75 

Treasurer, additional bond, when 1166 21 

Bond of treasurer 1165 20, 21 

How approved , 1165 21 

Premium, how paid 1167 21 

Surety bond accepted 1167 21 

Pays on. warrants only 1168 21 

Report of treasurer 1218 32, 33 

Salary of treasurer 1172 22 

Vacancy in office of treasurer, when 1165 20, 21 

Warrants endorsed, when 1169 21 



INDEX 133 



COMMON SCHOOL DISTEICT BOAED (Continued) Section Page 

Warrants must specify purpose of issue 1170 22 

Trees, duty of board to plant 1204 29 

iFunds for tree planting 1206 29 

Truant officer, board may employ, wheii 1345 64 

Vacancies, how filled 1324 57 

Warrants, by whom signed 1168 21 

Shall draw interest, rate 1169 21, 22 

What to specify 1170 22 

When to be endorsed by treasurer 1169 21, 22 

What constitutes the board 1161 20 

COMPULSOEY EDUCATION— 

Age for compulsory attendance 1342 62 

County superintendent helps to enforce 1345'. 63, 64 

Defective children sent where 1342 62 

Distance of compulsory attendance 1342 63 

Exceptions in compulsory education ffive) 1342 62, 63 

Exempt for religious duty, when (Paragraph 5) 1342 63 

Medical inspection permitted 1346 64 

Penalty for neglect 1344 63 

Prosecution for neglect 1345 63, 64 

CONDUCTOE— 

Institute conductor appointed by whom 1392 73, 74 

CONSOLIDATED SCHOOL— 

Defined 1190 27 

Entitled to state aid 1446 89 

How to secure county aid 1 124 

CONSOLIDATION OF SCHOOLS— 

Arrangements made by school board 1190 27 

Election to vote on consolidation 1190 27 

Conduct of election 1190 27 

Distance for compulsory attendance 1342 63 

CONSTITUTIONAL PEOVISIONS— 

Applying to education and schools (Article VIII) 9 

CONSTEUCTION OF SCHOOL BUILDINGS— 

Approval of plans by whom 1489 100 

Construction of school house 1490 100 

Ceilings : 1490 .- . . . 100 

Cleanliness 1490 101 

Heating 1 1490 100 

Light 1490 100 

Ventilation 1490 100 

Exits, kind of 1490 100 

Grievances, how adjusted 1492 101 

Heating pipes, where placed 1493 101 

Inspector, state superintendent made such 1489 100 

Method of inspection 1492 101 

Sanitary requirements 1490 100, 101 

Specifications must guarantee, what 1494 101 

Toilet rooms, construction of 1491 101 

Ventilating flues, kind of 1493 101 

Violations, penalty for 1494 101 

CONTEACTOES— 

Must give bond for building 1340 62 



134 INDEX 



CONTEACTS— Section Page 

Advertise for bids for letting 1340 62 

How let by board in special district 1259 43 

Officers not to be interested in 1349 64 

In independent district not interested in 1294 50 

Of irregular district ratified 1150 17 

Proposals for contract 1340 62 

Teacher's contract must be in writing 1178 23, 24 

Is void, when 1374 69, 70 

CONVEYANCE— 

Of real estate in independent district 1310 54 

COEPOEATION— 

Each district a corporation 1140 15 

COUNTY AGEICULTUEAL AND TEAINING SCHOOLS— 

Acts legalized 1471 96 

Admission on non-residents 1462 94 

Application to establish school, sent where 1463 94 

Statement to accompany application 1463 94 

Board of trustees created 1458 92 

Appointed by county commissioners 1458 92 

Bond to be given by 1459 93 

Builds school, when 1461 94 

Consists of what members ; 1458 92 

County superintendent a member ex-ofidcio 1458 92 

No compensation to members 1459 98 

Oath of member of board of trustees 1459 93 

Term of office of appointed members 1458 92 

Vacancies, how filled 1458 92 

Certificate of completion of course given 1465 95 

Limited, when 1465 95 

Has value of second grade certificate, when 1465 95 

Certificates of indebtedness may be issued, when 1455 91, 92 

Cost of maintenance borne by county and state 1456 92 

County school, how established 1455 91, 92 

Construction of buildings 1455 91, 92 

Election to be held 1455 91, 92 

Issue of certificate of indebtedness 1455 91, 92 

Tax to be levied and amount 1455 91, 92 

County treasurer is treasurer of board of trustees 1457 92 

Is treasurer of united school 1468 96 

Donations of site and money may be received 1461 94 

Elections legalized 1471 96 

Fund created by the state 1469 9^ 

Inspection of agricultural schools 1460 93, 94 

Levy for state fund for agricultural schools 1470 96 

Proceedings legalized 1471 96 

Qualifications of teachers in agricultural schools 1460 93, 94 

Eeport of secretary to state superintendent 1464 94, 95 

Schools free to residents of the county 1462 94 

Site, how secured 1461 94 

Standings accepted by certificating of&eers 1465 95 

State agricultural school board constituted (See State 
Board of Education) 

State aid, how secured 1464 94, 95 

Two or more counties may unite to establish school . . 1466 95 

Taxation for union school 1467 95, 96 

Treasurer for union school 1468 96 

Warrant for state appropriation, drawn when 1464 94, 95 



INDEX 135 



COUNTY AID— Section Page 

To consolidated, graded and rural schools (Chapter 

128) 124 

Election upon petition 1 124 

Limit of tax 1 124 

Tax, how apportioned 2 124 

COUNTY AUDITOR— 

Certificate required on bonds issued 1335 59, 60 

Draws warrant for institute fund, when 1391 73 

Extends levy of independent district 1301 52 

Levies tax to pay bonds, when 1338 61 

To furnish school district plats 1149 17 

COUNTY BOAED OF HEALTH— 

How composed 404 107 

COUNTY COMMISSIONERS— 

Appoint county superintendent in case of vacancy. . . .1323. 57 

Appoint trustees of agricultural schools 1458 92 

Forms new school district, when 1147 16, 17 

Call election for agricultural school 1455 91 

May establish agricultural school 1455 91 

Levy of tax for such school 1456 92 

May re-arrange boundaries of school districts 1146 16 

COUNTY officials- 
No commission or reward, shall receive 1529 106, 107 

Penalty for violation 1529 . 107 

COUNTY SUPERINTENDENT OF SCHOOLS— 

Absence from the county 1139 14, 15 

Action on district treasurer 's bond 1171 22 

Administer oaths, power to 1133 13, 14 

Apportions the tuition fund 1131 13 

Application for aid to rural and graded schools 1443 88 

Advises and directs teachers 1124 12 

Blanks, distributes to school officers 1125 12 

Calls election on special district 1231 36 

Carries into effect instructions of state superintendent. 1125 12 

Certified statement of number of schools, files 1394 74 

Compulsory education, duties in enforcing 1345 63 

Consults state superintendent about institutes 1393 74 

Convenes teachers for instruction 1125 12, 13 

County superintendents' meetings, to attend 1111 10 

Decides questions of school law 1132 13 

Deputies, may appoint 1136 14 

Salaries of deputies 1136 14 

Distributes blanks to school officers 1125 12 

Duties of 1123-25 12 

Election of 1121 12 

Ballot at general election 909 108 

No party affiliation 907 107 

N"o party ballots 907 107 

Separate ballots, school nomination 908 107, 108 

Two candidates nominated, how 908 108 

Elections, duty in first election in common district. . .1152 18 

Formation of special district 1231-32, 1236 36, 37 

As to result of election 1234 37 

Enumeration sent to whom 1195 28 

Examines teachers for certificates 1370 69 



136 INDEX 



Section Page 

COUNTY SUPEEINTENDENT OF SCHOOLS (Continued)— 

Expenses 1137 14 

Fills vacancies in district offices 1324 57 

Furnishes assessors with maps of districts , 1129 13 

General duties 1123-25 12, 13 

Garry out instructions from state superintendent. .1125 12, 13 

Distribution of blanks 1125 12 

Hold teachers' meetings 1125 12, 13 

Shall visit schools 1124 12 

Institute fund, how created 1391 73 

Statement of institute fund 1391 73 

Instructs officers in record keeping 1126 13 

Lists of officers to be filed 1130 13 

May organize teachers' training school, how 1393 74 

Medical inspection, duty to aid in 1346 64 

Meeting of superintendents, to attend 1111 10 

Member board of trustees agricultural school 1458 92 

Member County Board of Health '. 404 107 

Mileage of superintendent and deputies 1137 14 

Notify district treasurer of apportionment 1217 32 

Oaths, may administer, when 1133 13, 14 

Office, stationery, etc 1138 14 

Officers ' meetings, annual 1127 13 

For record keeping, special 1126 13 

Plats and maps furnished to assessors 1129 13 

Preserve documents 1128 13 

Qualifications of county superintendent 1122 12 

Eecord of official acts 1128 13 

Eecord of visits 1124 12 

Report to the state superintendent 1135 14 

Eeports delinquent teachers, when 1134 14 

Salary 1137 14 

School law, decides questions of 1132 . 13 

Seal of county superintendent 1128 13 

Shall not absent himself from the county 1139 14, 15 

Shall not engage in other occupation 1139 14, 15 

Shall receive no commission 1529 106, 107 

Penalty for violation 1529 107 

Special districts, calls election to form 1231 36 

Supervises common schools 1123 12 

Teachers, advises 1124 12 

Convenes for instruction 1125 12, 13 

Teachers' institute, gives notice of 1385 72 

Term of office ". 1121 12 

Vacancies in office filled by 1324 57 

Vacancies in office of, how filled 1323 57 

Visits and inspects schools 1124 12 

Withholds county tuition fund, when 1214-16 31, 32 

COUNTY TEEASUEER— 

Acting district treasurer, when 1165 21 

Is treasurer of county agricultural school 1457 92 

Keeps accounts with school corporations 12-0 33 

Negotiates bonds, when 1337 61 

Notifies clerk when money drawn 1219 33 

On equalization board, when 1327 58 

COUESE OF STUDY— 

For common schools prescribed 1109 10 



INDEX 137 



OEEDIT GIVEN— Section 

For reading circle work 1396 74 

From agricultural schools 1465 95 

On diplomas of higher education 1365-66 67, 68 

On high school diplomas 1369 . 68 

On normal diplomas 1365-66 67, 68 

On standings of summer schools, etc 1368 68 

CUEATIVE ACTS— 

Indebtedness and warrants legalized 1421 81 

Previously organized districts declared legal 1150 17 

Eefunding bonds — legalized 1421 81 

DEBT LIMIT— 

Bonds and other indebtedness 1334 59 

/ Must not be exceeded by certain bonds 1422 82 

Not to be increased more than ten per cent, prior to 

July 1st, 1917 (Chapter 254) 4 120 

DECENCY AND HEALTH— 

Provisions for 1403 76 

DEFECTIVES— 

Compulsory education of 1342 62 

DEPOSITOEIES— 

Additional bond required, when 1475 97, 98 

Advertising for proposals 1474 97 

Approval of bond of depository 1475 97, 98 

Board designates depository 1473 97 

Bond approved by district judge, when 1475 97, 98 

Bonds of depository 1475 97, 98 

Checks, how signed 1484 99 

Depositories chosen, how 1473 97 

Equal bids, duty of the board 1476 98 

Equal balances in two or more banks 1477 98 

Exceptions to the law 1487 100 

Funds deposited, in whose name 1481 99 

Funds to be deposited 1472 97 

Highest bid to be accepted 1475 97, 98 

How time depository selected 1479 98, 99 

Interest credited, when 1483 99 

Maximum rate of interest to be paid 1480 99 

Minimum amount to require deposit 1487 100 

Monthly statement must be furnished by bank 1483 99 

Penalty for violation of this law 1482 99 

Proposals for deposit of funds 1474 97 

Treasurer exempt from liability when deposit made. .1486 99, 100 

Violation of law a misdemeanor 1488 100 

When bids not required 1485 99 

When time deposits may be made 1478 98 

Where there is one bank or no bank 1485 99 

DEPOSITOEY OF SINKING FUND— 

How chosen and report 1336 60, 61 

DEPOSITOEY, SPECIAL DISTEICT— 

For sinking fund, how chosen 1277 (2) 46 

DEPUTIES— 

County superintendent may appoint, salary of 1136 14 

State superintendent may appoint 1120 12 



l;;,S INDEX 



DISCONTINUANCE— Section Page 

Of school term, when 1189 26 

DISTEICT CLEEK— 

Appointment of, by board 1160 20 

Compensation and duties 1164 20 

Duty as to bonds 1335-1339 59, 61 

False reports, penalty for 1354 65 

Notify county auditor of tax \evj 1222 34 

Notice of election of officers, to give 1158 19 

Vacancy, sent to whom 1324 57 

Post notice of election 1155 18, 19 

Records open to public 1198 28 

Shall receive no commission 1529 106, 107 

Tax levy, notice to county auditor 1182 24 

Vacancy, how filled 1325 57 

DISTRICT HIGH SCHOOL— 

How established and controlled 1192 27 

Adjacent districts may join 1194 27, 28 

Length of term in district high school 1193 27 

DRILLS, FIRE (Chapter 137) — 

County superintendent to prescribe rules in rural 

schools 2 120 

Salary withheld .- . 1-2 120 

Superintendent (city) to prescribe rules 1 120 

Teachers shall give 1 120 

Twice each month all public schools 1 120 

DRINKING CUPS— 

Public use of, prohibited in schools of any kind 2952 110 

School boards shall not furnish 2953 110, 111 

School boards shall not j)ermit 2953 110, 111 

Violation, penalty for 2954 Ill 

DUTIES OF TEACHERS— 

Assignment of studies 1387 72, 73 

Bible, reading of 1388 73 

Branches to be taught 1383 71, 72 

Certificate, must have 1380 71 

Certificate, must be recorded 1372 69 

Certificate, or permit, to whom granted 1372 69 

May be revoked for cause 1374 69, 70 

Contract must be in writing 1178 23, 24 

When void 1372 69 

Delinquent teachers, reported by whom 1134 14 

Examination for certificate 1370 69 

Dates of examination 1370 69 

Excused from attendance at institute, when 1385 72 

Grades pupils 1387 72, 73 

Holidays, what are 1382 71 

Humane treatment of animals, must teach 1384 72 

Institute alnd training school, must attend 1385 72 

Instruction concerninng nature of alcoholic drinks 

and narcotics must be given 75-76 5 

Kindergarten teacher must hold certificate 1402 76 

May suspend pupil, duty in such case 1386 72 

Must hold certificate 1380 71 

Moral instruction, must be given 1389 73 

No compensation,- when 1380 71 



INDEX 139 



DUTIES OF TEACHEES (Continued)— Section - 

Notice of opening and closing school 1379 71 

Penalty for failure to attend institute 1385 72 

Physical education, instruction in, must be given. . . .1390 73 

Qualifications of teachers 1372 69 

Eeceive no commissions 1529 106, 107 

Re-examination of papers, when 1371 69 

Register, what to contain 1381 71 

Relatives of the board may teach, when 1173 . 22 

Report to county superintendent 1381 71 

School year and school week defined 1382 71 

Superintendent of city school supervises 1378 70, 71 

Wages held back, when 1381 71 

Writing must be taught 1451 91 

EDUCATIONAL ASSOCIATION— 

Proceedings to be published 1119 11, 12 

Teachers and superintendents may attend 1401 . 76 

ELECTION OF OFFICERS IN COMMON SCHOOL DISTRICT— 

Canvass of votes 1157 19 

Certificate of election 1158 19 

Conduct of election 1157 19 

Date of election 1151 17 

Election officers 1156 19 

Vacancy, how fiUed 1156 19 

First election called bv county superintendent 1152 18 

Election officers ." 1151 17, 18 

Notice of election 1155 18 

Posted fourteen days 1155 18, 19 

Oath of election officers 1156 19 

School officers 1159 19 

Officers to be elected 1151 17, 18 

At first election 1151 17, 18 

Who may be officers 1153 18 

Polling places, how established 1152 18 

Polls open, hours of election 1154 18 

Tie, how determined 1157 19 

Voters, who are 1153 18 

ELECTION OF STATE AND COUNTY SUPERINTENDENTS, NON- 
PARTISAN— 

Ballot at general election 909 108 

No party affiliation 907 107 

No party ballot 907 107 

Separate ballot, school nomination 908 107, 108 

Two candidates nominated, how 908 108 

ELECTIONS— 

By secret ballot 129 9 

Build or remove school house 1 185-1188 25, 26 

Certain cities, school officers, how elected 1315 55 

Consolidation of schools 1190 27 

County agricultural schools, to establish 1455 91 

District high school, to establish 1192. 27 

First election in new district 1152 18 

First officers in new special district 1244 39 

Independent district, to create 1286 48 

Officers of common school district 

(See Election of Officers in Common School Distriefl 



140 INDEX 



ELECTIONS (Continued)— Section 

Officers of independent school district 

(See under Independent School District) 
Officers of special district 

(See under Special District) 

Question of conveying pupils 1190 27 

School houses and sites, to determine 1184 25 

Special district, to form 1231, 1236, 1243 36, 37, 39 

ELECTION FOE BONDS— 

Bonds of common school district, to issue 1332 58 

Ballot for election on bonds 1333 59 

Called only_ on petition 1333 59 

Notice of election on bonds 1333 59 

Bonds for special district, election of 1272-1274 45, 46 

ELIGIBILITY— 

To hold office or vote 1153 18 

EMBEZZLEMENT— 

Use of school funds is, when 1351 -. . 64, 65 

EMINENT DOMAIN— 

Exercise of, for school site 1187 26 

EMPLOYMENT CERTIFICATES— 

Contents of certificates 1408 78 

Must be kept en file and accessible 1405 77 

On what issued 1407 78 

Who may issue 1406 77 

ENABLING ACT— 

Provisions for education (Article 8) 9 

ENGLISH LANGUAGE— 

Must be the medium of instruction 1199 28 

Eecords must be kept in 1199 28 



ENUMERATION— 

(See Census) 

EQUALIZATION OF INDEBTEDNESS— 

Arbitration board constituted 1327 57, 58 

Maximum tax levy for equalization 1329 58 

For all purposes 1331 58 

On change of boundaries 1237 37 

Property to be considered 1327 57, 58 

Tax levied to equalize 1328 58 

Proceeds of tax turned over to district 1330 58 

Special district must equalize on change of bound- 
ary 1237, 1240 ....... 37, 38 

Special district by special act must equalize 1321 56 

EVIDENCE— 

Clerk 's record of transcript is, when 1250 40 

EXAMINATION— 

(See Certificates) 

EXPENDITURES— 

Must not exceed revenues (Independent District) .... 1308 54 



INDEX 141 



FEDERAL LAND GRANTS— Section Page 

Sixteenth and thirty-sixth sections 10 6 

Minimum price, $10.00 per acre 11 6 

Five per centum proceeds sale public lands 13 6 

90,000 acres to Agricultural College 16 6 

500,000 acres to other institutions 17 7 

FEEBLE MINDED— 

Care of feeble minded persons 1714 108, 109 

Compulsory education of . 1342 62 

Enumeration of 1195 28 

FEES— 

For teachers ' certific'ates 1376 70 

FINES AND PENALTIES— 

Compulsory attendance, failure to comply 11344 63 

Contracts without advertising for bids 1356 65 

County superintendent or deputy for receiving com- 
mission 1529 106, 107 

Disturbing school 1355 65 

Embezzlement of funds 1351 64, 65 

Failure to comply with sanitary orders 1494 101 

Failure to endorse unpaid warrants 1353 65 

Failure to install fire escapes 1203 29 

False election returns 1348 64 

Neglect of duty 1347 64 

Removing school furniture 1183 25 

Speculation in office 1349 64 

Teacher not attending institute 1385 72 

Unlawful drawing of school money 1350 64 

Unlawful use of school funds 1351 64, 65 

Violation of laAv of depositories 1482, 1488 99, 100 

Violation of sanitary provisions 1494 101 

Wilful disturbance of school 1355 65 

Without advertising for bids 1356 65 

FIRE DRILLS— 

(See under Drills) 

FIRE ESCAPES— 

Duty of what officers to provide 1202 29 

Penalty for neglect of duty 1203 29 

Required on what school houses 1201 29 

FIRE GUARDS— 

(See under Guards) 

FLAGS— 

To be provided for schools 1400 75 

When to be displayed 1400 75 

FRANCHISE- 

Elective (Article V) , 8-9 

FREE KINDERGARTENS— 

May be established, how 1402 76 

FREE PUBLIC SCHOOLS— 

What are 1415 80 



142 INDEX 



FEEE TEXT BOOKS— Section Page 

Contract for what length of time 1397 75 

How and when furnished 1398 75 

May be furnished 1397 75 

Price lists and samples must be filed 1397 75 

(See Provisions Uniform Text Book Act, Chapter 
145, pages 121-124) 

FUNDING INDEBTEDNESS— 

Certain cases legalized 1421 81 

GOVEENOE— 

Appoints certain members of state board of educa- 
tion 1423-24 82 

Members, board of regents 2 112, 113 

Eeport of board of regents made to 7 116 

State superintendent made to 1116 11 

GUAEDS, EIEE- 

Duty of county superintendent 3 120 

Duty of school board to provide 3 120 

Penalty for violation '. 3 120 

HEALTH AND DECENCY— 

Duty of school officers 1403 76 

HIGH SCHOOL AID— 

Appropriation for aid to high schools 1433 85 

Amount paid to each school 1433 84, 85 

Application for aid sent to board 1433 84 

Appropriation limited 1433 84, 85 

Department of agriculture, etc., maintained 1434 85 

National and state aid 1435 85 

Number of such schools 1433.' 84, 85 

One school in county 1435 85, 86 

Eequirements for such departments 1434 85 

Expenses of examinations, how paid 1436 86 

High school board (State board of education) 1427-30; 82, 83 

Inspector of high schools appointed, how 1429, 1433 83, ^ 84 

Duties of 1433 84, 85 

Qualifications of 1433 84 

Eeport of, annual 1438 86 

Salary and expenses of 1433 84 

Schools classified, what 1431 83 

Eequirements for 1432 84 

Use of aid from state appropriation 1433 84, 85 

HIGH SCHOOL— 

Board of education to establish and maintain. . . .1251 (3) 40 

District (See District High School) 

HITCHING POSTS— 

School board must provide 1207 29, 30 

HOLIDAYS— 

Certain holidays to be observed 1382 71 

No school to be taught on 1382 71 

What are holidays 1382 71 

ILLITEEACY— 

Legislature to take steps to prevent 151 9 



INDEX 143 



IMPEOVEMENT OF SCHOOL GEOUNDS— Section 

Amount to be expended annually 1206 29 

Fences constructed, when 1205 29 

Tree planting 1204 29 

INDEBTEDNESS— 

Bonds to pay outstanding, may be issued 1332 58, 59 

Equalization' of 1327 57, 58 

By board of education 1237, 1260 37, 43 

Indebtedness declared legal 1421 81 

Bonds may be issued, when 1421 81 

Pending action not affected 1422 82 

INDEPENDENT SCHOOL DISTEICT— 

Authority to issue bonds 1303 52 

Board of education constituted 1290-1293 49, 50 

Corporate powers 1293 50 

Election of 1290 49 

Conduct of election 1291 49 

Date of election 1291 49 

General powers of board 1297 50, 51 

May admit non-resident pupils 1300 52 

May sue and be sued 1293 50 

Meetings of the board 1295 50 

Organization of board 1293 50 

Powers of the board 1298 51 

Eesponsibility of the board 1294 50 

Secretary of the baord 1296 50 

Vacancies, how filled 1292 49, 50 

Visiting schools 1299 52 

Bond of treasurer 1305 53 

Bonds, may issue 1303 52 

May redeem, when and how (Chapter 270) Ill 

Boundaries of the district 1289 49 

City council to pass certain ordinances 1314 55 

Debts of old district assumed 1312 55 

Drinking cups, public use of, prohibited 2953 110, 111 

Election to create independent district 1286 48 

Ballots, form of 1288 48, 49 

Canvass of votes 1288 48, 49 

Notice of election 1287 48 

Election of members of the board 1290 49 

Expenditures not to exceed revenues 1308 54 

Flags to be provided and displayed 1400 75, 76 

Free text books, may furnish, when and how 1397-8 75 

Funds, how kept and paid out 1306 53 

Health and decency, duty as to 1403 76 

How organized 1286 48 

Independent hj special act abolished, how 1319 56 

Investment of sinking fund, how 1307 53, 54 

Kindergarten, may establish 1402 76 

Name of independent district 1289 49 

Penalties credited to board of education 1314 55 

Property, title to 1309 54 

Eeal property, title conveyed, how 1310 54 

Eefusal of member elect to serve, forfeit 1313 55 

Eental public building, paid when (Chapter 165) .... Ill, 112 

Eeport of treasurer, what to contain 1311 54, 55 

Superintendent and teachers, etc., to attend Educa- 
tional Association 1401 76 



144 INDEX 



INDEPENDENT SCHOOL DISTETCT (Contimied)— Section Page 

Taxes, levied and collected 1301 52 

Tax limit 1302 ' 52 

Text books, free, may furnish 1397-8 75 

Treasurer, who is 1304 53 

V'acancy in the board, how filled 1292 49, 50 

Visit schools, members must 1299 52 

INDEPENDENT SCHOOL OEGANIZATION— 

Formed by special act may be abolished, how 1319 56 

INSPECTION— 

Of school buildings, board of, constituted, how 1186 25, 26 

INSPECTOE— 

Of high schools, how appointed 1429, 1433 83, 84 

Of rural and graded schools, how appointed. . . .1429, 1444 83, 88 

INSTITUTES AND ASSOCIATIONS— 

Appropriation for state institute fund 1392 73, 74 

How used 1392 73, 74 

Conductors and assistants, appointed by whom 1392. ..... .73, 74 

County institute fund, how created 1391, 1394 73, 74 

County superintendent, statement of institute expenses. -1391 73 

Annual statement of institute fund 1391 73 

Expenses of conductors, etc., how paid 1395 74 

Lecturers and instructors, how appointed 1392 73, 74 

Statement of number of schools, filed by whom 1394 74 

State superintendent appoints officers of institutes. . . .1392 73, 74 

INSTITUTE FUND— 

Appropriation from the state 1392 73 

Certificate fees in county fund 1391 73 

From county general revenue fund 1394 74 

How fund is used 1393-5 74 

INSTITUTE FOE FEEBLE MINDED— 

Certain persons committed 1714 109 

Who may receive benefits 1714 108, 109 

INSTITUTIONS, STATE EDUCATIONAL— 

Maintenance of 1416 80 

Moneys from land endowment, paid over, when 1420 81 

Moneys, how appropriated 1419 80, 81 

Part of free public school system 1415 80 

Taxes, how apportioned 1418 80 

INTEEEST— 

Unpaid warrants draw interest 1169 21, 22 

KINDEEGAETEN S— 

May be established, how and when 1402 76 

Supported, how 1402 76 

Teachers must hold certificate 1402 76 

LIBEAEY— 

Care of library and report 1177 23 

List of books furnished by state superintendent 1108 10 

School board shall appropriate money for library. . . .1176 23 

LIBEAEY COMMISSION— 

State 1531 107 



INDEX 145 



LIGNITE GOAL (Use of, Laws 1915) Section Page 

In county buildings 1828 109, 110 

In public schools 1828 109, 110 

In state institutions 1828 109, 110 

Penalty 1828 110 

Standards fixed 1828 109, 110 

Use, when excepted 1828 109, 110 

MAINTENANCE— 

Of higher educational institutions 1416-20 80, 81 

MAINTAIN SCHOOL— 

How long to be in session 1189 26 

How long for aid as graded school 1441 87 

For aid as rural school 1442 87, 88 

MEDICAL INSPECTION- 

County and city superintendent co-operate 1346 64 

Exceptions, when 1346 64 

Indigent children to receive treatment 1346 64 

Notice of defects sent parents 1346 64 

Provided for in schools 1346 64 

Rural schools grouped for inspection 1346 64 

School boards may employ medical inspectors 1346 64 

Shall employ when petitioned 1346 . 64 

MISDEMEANOE— 

Failure to endorse unpaid warrant 1353 65 

For county officer to receive commission 1529 106, 107 

Letting contract without bids 1356 65 

Unlawful drawing of school money 1350 64 

Speculation in office 1349 64 

Violation of depository law 1482, 1488 99, 100 

MODEL SCHOOL— 

Students shall pay tuition (Chapter 142) 118, 119 

MONEY— 

How apportioned 1418 80 

Tax in lieu of one mill 1416 80 

When paid to institution treasurer 1420 81 

MOEALS— 

Instruction in morals must be given 1389 73 

MORTGAGES— 

Investment in by special district 1277(4) 47 

Satisfaction of by special district 1278 47 

NARCOTICS— 

Nature and effects must be taught 75, 1383 5, 71, 72 

NON-PARTISAN ELECTIONS, COUNTY AND STATE SUPERINTEN- 
DENTS— 

Ballot at general election 909 108 

No party affiliation 907 107 

No party ballot 907 107 

Separate ballots school nomination 908 107, 108 

Two candidates, nominated, how , 908 108 

NON-RESIDENT PUPILS— 

School board must admit to schools 1179 24 

Special district may admit 1251 (14) 41 



146 INDEX 



NOEMAL SCHOOLS— Section Page 

Diplomas accredited 1365-6 67, 68 

Tuition charged in model school (Chapter 142) 118, 119 

NOETH DAKOTA EDUCATIONAL ASSOCIATION— 

Board may allow teachers to attend 1401 76 

Proceedings to be published > 1119 11, 12 

Teacher may attend meeting without loss of pay 1401 76 

NUMBEE OF SCHOOLS— 

Statement by county superintendent 1394 74 

OATH OF OFFICE— 

Member of board of education 1270 45 

State board of regents 4 113 

Of election officers 1156' 19 

Of school director 1159 19 

OFFICEES— 

Annual meeting of school ofi&cers , 1126 13 

Of common school district 1151, 1161 17, 18, 20 

Terms of (See Terms of Office) 

OFFICIAL BONDS— 

(See Bonds, Official) 

ONE MILL TAX— 

(Eepealed) 
Fixed amount levied in lieu of 1416-18 80 

PENALTIES— 

(See Fines and Penalties) 

PENSIONS, TEACHEES'— 

(See Teachers' Insurance and Eetirement Fund) 

PEEMITS— 

Fees to be deposited when issued 1376 70 

Granted to whom and when 1367 68 

PETITIONS— 

For bonding common school district. 1333 59 

For establishing county agricultural school 1455 91 

For formation of special district 1231 36 

PHYSICAL EDUCATION— 

Instruction in, required 1390 73 

PHYSIOLOGY AND HYGIENE— 

Instruction to be given in 1383 71, 72 

POLL TAX— 

County auditor to levy 1224 35 

PEESIDENT OF SCHOOL BOAED— 

(See Common School District Board) 

PEOPEETY— 

Independent district may take as gift 1309 54 

PEOPOSALS— 

For building school house on bids 1340 61, 62 

PEOSECUTIONS— 

(See Actions) 



INDEX 147 



PUBLIC MORALS— Section 

To be taught by teacher 1389 73 

PUPILS— 

Board may expel for cause 1180 24 

Graded, by whom 1387 72, 73 

In high schools must select course 1452 91 

Must review certain subjects 1453 91 

Teacher may suspend 1386 72 

QUALIFICATIONS— 

County superintendent ■ and deputies 1122, 1136 12, 14 

High school inspector 1433 84 

Members board of regents 2 112, 113 

Rural school inspector 1444 88 

State superintendent 1105 10 

Teachers for aided schools 1441-2 87, 88 

Teachers for certificates 1360-3, 1372 66, 67, 69 

REAL ESTATE— 

Common school districts, sites, how obtained 1187 26 

Independent district, how conveyed 1310 54 

Special district, how conveyed 1242 38, 39 

READING CIRCLE— 

Board constituted (State Board of Education) 1423 82 

Credit for work of 1396 74 

Maintenance of 1377 70 

REGENTS— 

(See State Board of Regents) 

REPEAL— 

Of one mill tax 1419 81 

REPORTS— 

Board of education of special district 1251 (13) 41 

Board of ifsgents 7 116 

Census, reported to whom and when 1195 28 

City treasurer 's report 1311 54, 55 

Clerk of school district 1197 28 

County superintendent 1135 14 

Defectives, reported to whom 1196 28 

Superintendent of public instruction 1116 11 

Teacher 's report at close of school 1381 71 

Treasurer of common school disti-ict 1218 32, 33 

(See Treasurer under Independent and Special 
Districts) 

Trustees, teachers' insurance fund 1502 102, 103 

RURAL SCHOOL AID— 

Advancement of schools from class to class .1448 90 

Aid obtained, by what schools 1440 86, 87 

Aid to consolidated schools 1446 89 

Amount of apportionment to schools 1445 89 

Amount of appropriation for each class of schools. . . 1450 90 

Application for aid made to whom 1443 88 

Apportionment to each school 1445 89 

Classes of consolidated schools, two 1446 89 

Graded schools, two 1441 87 

Rural schools, two 1442 87, 88 



INDEX 



EUEAL SCHOOL AID (Continued)— Section 

Conditions required for graded schools 1441 87 

For rural schools 1442 87, 88 

Consolidated schools may obtain aid 1446 89 

What are consolidated schools 1446 89 

County aid, how obtained 1 124 

Inspection by superintendent of public instruction .. 1444 88, 89 

Inspector of rural and graded schools 1444 88, 89 

Purpose of state aid 1439 86 

Eecords kept by state superintendent 1447 89, 90 

Eeport on aided schools by state superintendent 1449 90 

Schools entitled to aid, what are 1440 86, 87 

SALAEY— 

County superintendent 1137 14 

Not to be increased 1915-16 or prior to July 1, 1917, 

(Chapter 254) 119 

Deputies county superintendent 1136 14 

SALAEY (Continued) — 

Eural and graded school inspector 1444 88, 89 

High school inspector 1433 84 

Secretary board of regents 2 113 

State board of education . . . .• 1426 82 

State commissioner of education 7 114, 115 

State superintendent 1120 12 

Teacher's salary to be graded by board 1178 25 

SCHOOL BOAED— 

(See Common School District Board) 

SCHOOL BONDS— 

(See Bonds of Common School District) 

SCHOOL DISTEICT— 

(See Common School District) « 

SCHOOL FUNDS— 

Accounts, how kept 1218 32 

Annual settlement 1218 32, 33 

County treasurer keeps accounts with districts 1220 33, 34 

Collects school taxes 1221 34 

County tuition fund, apportioned how 1225 35 

Levied, how 1224 35 

Withheld, when 1214, 1216 31, 32 

Deposit in depository releases treasurer 1486 99 

District funds controlled by treasurer 1213 31 

Embezzlement of funds, what is 1351 64, 65 

Funds defined 1212 30, 31 

Kept separate 1211 30 

How paid out 1168 21 

Institute fund, how created 1391 73 

Appropriation by state for 1392 73 

Paid out, how, and for what 1393 74 

Investment (See Investment Sinking Fund under dif- 
ferent districts) 

Must be deposited, when 1487 100 

(See Depositories) 

Publication treasurer's report 1218 32, 33 



INDEX 149 



SCHOOL FUNDS (Continued)— Section Page 

State tuition fund, apportionment 1208 30 

Apportioned by county superintendent 1217 32 

County treasurer reports 1209 30 

Defined 1212 30, 31 

Excess, how used 1212 31 

Funds kept separate 1211 30 

How raised 1208 30 

How used 1212 31 

New districts entitled to 1215 31 

Paid out by district treasurer 1213 31 

Eeverts to original fund, when 1216 31, 32 

State auditor, duty of 1210 30 

Warrants drawn on state treasurer 1210 30 

Unlawful drawing of funds, penalty for 1350 64 

When county treasurer pays district treasurer 1219 33 

Withheld when enumeration not taken 1214 31 

By county superintendent, when 1214 31 

For failure to maintain school 1216 31, 32 

SCHOOL HOUSES AND SITES— 

Approval of plans by whom 1489 100 

Board of inspection, inspects school house, when.... 1186 25 

Bonds for building school house 1332 58, 59 

Building plans inspected by whom 1489 100 

Construction of school houses 1490 100 

Ceilings 1490 100 

Cleanliness 1490 101 

Heating , 1490 100 

Light 1490 . 100 

Ventilation 1490 100 

Contracts, how let 1340 61, 62 

Election to be called, when 1185 25 

Exits, kind of 1490 100 

Grievances to be adjusted 1492 101 

House to be kept clean 1490 101 

How determined 1184 25 

May be used for other purposes 1183 24, 25 

Method of inspection of buildings 1492 101 

Penalty for violation ' 1494 101 

Plans, consult with whom 1489 100 

Approved by whom 1489 100 

Furnished by state superintendent 1185 25 

Must show what 1490 100 

Prepared how and by whom 1185 25 

Proposals for building school houses 1340 61, 62 

Specifications for, must guarantee 1494 101 

Toilet rooms, how constructed 1491 101 

Two-thirds vote necessary to remove school house. . . .1185 25 

Ventilating flues and construction demanded 1493 101 

SCHOOL LANDS— 

Reserved by national government '. 88 5 

SCHOOL LAWS— 

To be printed by state superintendent 1118 11 

SCHOOL MONTH— 

Defined 1382 71 



150 INDEX 



SCHOOL OFFICEES— Section Page 

May be removed by court 1326 57 

(See under Different Districts) 

SCHOOL SITE&— 

Bonds for purchase of 1332 58, 59 

How obtained 1187, 1461 26* 94 

Selected by election 1185 25 

New school for remote pupils 1188 26 

Eeversion to original owner, when 1187 26 

SCHOOL TAXES— 
(See Taxes) 

SCHOOL TEEM— 

Increase on petition 1191 27 

Length, and how fixed 1189 26 

Minimum length of term 1189 26 

To share in funds 1216 31 S2 

Special districts, length of term 1251 (1) .' 40 

When term discontinued 1189 26 

SCHOOL TEEASUEEE— 

Accounts, how kept 1218 32 

Settlement, when 1218 32 

Action on bond 1171 22 

Additional bond, when required 1166 21 

Bond of treasurer 1165 20 21 

Premium on 1167 21 

Bonds of district negotiated, how 1337 61 

County treasurer to pay funds, to whom 1219 33 

Deposit in (iepository releases from liability 1486 99 

Embezzlement of funds, what is 1351 64, 65 

Endorsement of unpaid warrants 1169 21, 22 

False reports, penalty for 1354 65 

Funds, how paid out 1168 21 

Liability ceases with deposit 1486 99 

Notice to drawee of unpaid warrants 1169 22 

Records open to the public 1213 31 

Reports, form of, triplicate 1218 32 

False reports, penalty for 1354 65 

Salary of treasurer 1172 22 

Surety bond 1167 21 

Unlawful drawing of money, penalty for 1350 64 

Warrants unpaid to be endorsed 1169 21, 22 

Penalty for failure to endorse 1353 65 

Notice to drawee when funds to pay 1169 22 

When county treasurer pays funds to 1219 33 

SCHOOL WEEK— 

Defined '. 1382 71 

SCHOOL YEAE— 

Defined 1382 71 

SCHOOLS— 

Shall be free and accessible 1343 63 

SCHOOLS, PUBLIC— 

Bible, not to be excluded from 1388 73 

Close for teachers' institute 1385 72 

Course of study 1383 71, 72 



INDEX 151 



SCHOOLS, PUBLIC (Continued)— Section 

Free public schools, what are 1415 80 

Must be free and accessible 1343 ()3 

Must be maintained, how long 1189, 1193 26, 27 

To share in funds 1216, 1217' 31, 32 

Wilful disturbance of, penalty for 1355 65 

SEAL— 

Board of education, independent district 1293 50 

County superintendent shall have 1128 13 

Superintendent of public instruction to use 1115 31 

SECEETAEY— 

Board of education, duties of 1296 50 

State board of education, who is 1426 82 

Board of regents 2 113 

Teachers' insurance fund 1498, 1500 102 

Trustees of agricultural school 1458 92 

SINKING FUND— 

Created, must be in bonded district 1336 • 60 

In special district, created how, and when 1276 . 46 

Investment of sinking fund 1277 46, 47 

(See also under Different Districts) 

SITES— 

(See School Sites) 

SPECIAI. DTSTEICTS— 

Adjacent territory may be attached, how 1240 38 

Becomes part of general district, when 1240 38 

Board assumes control, when 1260 43 

Board of education and quorum 1245 39 

• Clerk, duties of 1250 40 

Compensation of members 1246 39 

Duties of board 1251 40, 41 

Election of board members, when 1262 43 

Ballot, official 1265 44 

Candidate, how to become 1265 44 

Canvass of returns 1268 44 

Certificate of election 1269 44, 45 

Notice of election 1263 43, 44 

Foi-m of notice 1264 44 

Officers of election 1267 44 

Precincts for election 1267 44 

Provisions to govern election 1266 44 

Flags, shall purchase 1400 75, 76 

Free text books, may provide 1397 75 

When and how to provide free texts 1398 75 

Health and decency, duty of board 1403 76 

Kindergarten may be established, how 1402 76 

Lease buildings, power to (Chapter 138) 1 117 

Advertise for bids 3 117 

Election, when 6 118 

Legal construction of payment of rental. ... 5 118 

Plans and specifications 2 117 

Tax levy to cover rental 4 118 

Meetings of the board 1247 39, 40 

Members must not be interested in contracts . . . .1246 39 

Oath of office 1270 45 

Organization of the board, when 1248 40 



152 INDEX 



SPECIAL DISTEICTS (Continued)— Section Page 

Powers of the board 1251 40, 41 

President, duties of 1249 50 

Teachers may attend Educational Association. . .1401 73 

Terms of office 1245 39 

Vacancies on the board, how filled 1271 45 

Bonded debt of old district, how paid 1239 37, 38 

Tax levy for payment 1238 37 

Bonds of special district, how and when issued 1272 45 

Denomination of bonds 1273 45 

Election for issuing bonds, procedure 1274 45 

Interest coupons 1279 47 

Issue of bonds, how governed 1284 48 

Levy for payment of bonds 1276 46 

Limit, debf 1275 46 

May be exchanged 1283 48 

Must specify what 1275 46 

Eate of interest 1275 46 

Time of payment 1275 46 

Eedeemed, how and when (Chapter 270) Ill 

Eefunding bonds issued, when 1282 48 

Eegister of bonds by clerk 1281 47 

Security for bonds . 1280 47 

Surplus funds may be transferred 1285 48 

Cities governed by provisions of Article 9 1229 36 

Creation of a special district 1229-30 36 

Conveyance of property, how executed 1242 38, 39 

Constituted, when 1235 37 

Contracts, members not interested 1246 39 

Corporation, name of 1241 38 

Debt limit of the district 1275 46 

Detachment of territory 1240 38 

Division of property 1237 37 

Drinking cups, public use of, prohibited 2953 110, 111 

Election of officers, first 1236 37 

To form district 1231 36 

Ballots, form of 1233 37 

Conduct of election 1232' 36, 37 

Notice must be given 1232 36, 37 

Eesults announced 1234 37 

Establish kindergartens, when and how 14021 76 

Expenditures on written contract 1259 43 

Excess of $500.00 must be on bids 1259 43 

First election of officers 1236 37 

Flags to provide 1400 75, 76 

Free text books, when and how 1398 75 

How organized 1243 38 

Election of first board 1244 38 

Investment of sinking fund 1277 46. 47 

May become part of general district . 1261 43 

Mortgage security satisfied 1278 47 

Name of corporation 1241 38 

Petition for organizing special district 1231 36 

Portion of district may. become special district 1230 36 

Eental public buildings paid, when (Chapter 165) . . Ill, 112 

Supervision of school, by whom 1252 41 

When under county superintendent 1252 41 

Territory outside may be included 1230 36 

Tax, annual levy, when made 1258 42 



INDEX 153 



SPECIAL DISTEICTS (Continued) Section Page 

Taxable property 1257 42 

Treasurer, who is 1254 41, 42 

Bond of treasurer 1256 42 

Custodian of funds . 1253 41 

Duties of treasurer 1255 42 

Vacancy in board of education, how filled 1271 45 

What cities may become special districts 1229 36 

SPECULATION— 

Forbidden 1349 64 

Eeceiving commission forbidden 1529 106 

STABLES— 

In rural districts, provided, when 1207 29 

STATE AUDITOE— 

Institute fund, warrants, on 1393 74 

Tuition fund, duties as to .... 1210 30 

STATE BOAED OF EDUCATION— 

Appointment of certain members by governor 1424 82 

Compensation, what members to receive 1425 82 

Ex officio members, who are 1423 82 

Expenses paid 1425 82 

Membership of 1423 82 

Meetings, how many, when 1426 82 

Organization of board 1426 82 

Powers and duties 1427 82, 83 

Classification rural, graded and consolidated 

school 1427 82, 83 

Inspection of state educational institutions 1428 ■ 83 

Those formerly exercised by: 

State agricultural and training school board. 1427 82, 83 

State board of examiners 1427 82, 83 

State high school board 1427 82, 83 

State reading circle board 1396 74 

Visitation of state educational institutions 1428 83 

Proposals for legislation to be submitted 1742 109 

By whom and when 1742 109 

Publication of same 1742 109 

Terms of members 1424 82 

STATE BOAED OF EXAMINEES— 

(See State Board of Education) 

STATE BOAED OF EEGENTS— 
(Chapter 237, Laws 1915) 

Accounting, uniform svstem of 7 116 

Appointed, how ". 2 112, 113 

Appropriation, annual, $18,000.00 10 116 

Biennial report, when made 7 116 

Board created 1 112 

Compensation , 5 114 

How appointed 2 112, 113 

Qualifications 2 112, 113 

Eestrictions as to membership 2 112, 113 

Term of office 3 112, 113 

Bond gi\en 4 113 

Budget to be submitted by board 7 115 

Each president to submit 7 115, 116 



154 INDEX 



STATE BOAKD OF EEGENTS (Continued) — Section Page 

Commissioner of education, state, appointed 7 114 

Qualifications 7 114 

Compensation, commissioner of education 7 114 

Members 5 114 

Secretary 2 113 

Duties of board 7 114 

Act in consultation with presidents 7 115 

Appointment of, commissioner of education 7 114 

Director of library commission 1531 107 

Presidents and faculties 7 115 

Cause educational survey to be made 7 114 

General control of state educational institutions. . 7 114, 116 

Those formerly exercised by: 

Boards of trustees 7 114 

Library commission 1531 107 

Normal board of control 7 114 

Educational survey . 7 114 

Expense, commissioner 7 114, 115 

Members 5 114 

Governor appoints 2 112, 113 

Help, office 6 . 114 

How appointed, members 2 112, 113 

Institutions under its control 1 112 

Members, appointment 2 112, 113 

Compensation 5 114 

How many 1-2 112, 113 

Limitations upon membership 2' 112, 113 

Qualifications 2 112, 113 

Bemoval of 3 113 

■ Take oath of office 4 114 

Term of office 2 112, 113 

Meeting, first 2 113 

Annual 8 116 

Quarterly 8 116 

Special 8 116 

Oath of members 4 113 

Office, where 6 114 

Powers of board 7 114, 116 

Those formerly exercised by Normal Board of 
Control and trustees of other state educational 

institutions 7 114, 116 

To appoint commissioner of education 7 114, 116 

To elect presidents and faculties. 7 114, 116 

To install uniform system of accounting 7' 114, 116 

To make biennial report 7' 114, 116 

To make educational survey 7 144, 116 

To make rules for conduct of institutions 7 114, 116 

To prepare budget 7 114, 116 

Qualifications of members 2 112, 113 

Quorum 8 116 

Removal of members, how 3 113 

Repeal H 116 

Report, biennial, made to governor 7 116 

Salary of commissioner 7 114 

Secretary 2 113 

Secretary to be chosen 2 113 

Statement of expenses itemized 9 116 

Supplies, office 6 114 



INDEX 155 



STATE BOAED OF EEGENTS (Continued)— Section Page 

Survey, educational, to be made 7 114 

System, uniform for accounting '. 7 116 

Term of office 2 112, 113 

Vacancy, how filled 3 113 

What institutions under its control 1 112 

STATE HIGH SCHOOL BOAED— 

(See State Board of Education) 

STATE PEOFESSIONAL CEETIFICATE— 

Issued for life 1363 67 

For five years ..! 1362 66, 67 

STATE TEEASUEEE— 

Institute funds paid on his warrants 1393 74 

STATE TUITION FUNDS— 
(See School Funds) 

STATE'S ATTOENEY— 

Prosecutes violation of compulsory law 1345 63 

STATEMENT— 

Of number of schools for institute fund 1394 74 

STIMULANTS— 

(See Narcotics) 

STUDIES— 

Additional studies determined by school board 1181 24 

Assigned by teacher 1387- 72, 73 

Certain to be reviewed in senior year 1453 91 

Eequired for certificates 1360-1364 66, 67 

Selection of course of 1452 91 

To be taught in common schools 1383 71, '72 

Writing to be taught 1451 91 

SUPEEINTENDENT OF CITY SCHOOLS— 

Board may appoint 1251 (dj 41 

May issue employment certificates 1400 77 

Must have certain studies reviewed 1453 91 

Not controlled by county superintendent 1123 12 

Shall report recommendations to board 1378. , ; 71 

Supervision of the schools of the city 1252 41 

SUPEEINTENDENT OF PUBLIC INSTEUCTION— 

Advises boards of education 1110 10 

Appeals from county superintendent, decides 1110 10 

Appeals, shall file records 1114 11 

Appoints institute conductors, instructors, etc 1392 73,- 74 

Approves account institute conductor's expenses 1393 74 

Approves plans for school houses 1489 100 

Assistants in office, may appoint 1120 ] 2 

Attends teachers' institutes 1113 11 

Biennial report, shall make 1116 11 

Shall print and distribute 1117 11 

What to show 1116 11 

Books and documents, shall preserve 1106 10 

County superintendents, meetings, to call 1111 10 

Shall advise 1110 10 

Course of study, shall prescribe 1109 10 



156 INDEX 



Section Page 

SUPEEINTENDENT PUBLIC INSTEUCTION (Continued) — 

Educational association, publish proceedings 1119 11, 12 

Election of 1105 10 

Ballot at general election 909 108 

No party affiliation 907 107 

No party ballot 907 107 

Separate ballot, school nominations 908 107, 108 

Two candidates nominated, how 908 108 

General duties 1113 11 

General supervision of public schools 1107 10 

Inspection of county agricultural schools, duty, 1460 93, 94 

Of rural, and graded schools 1444 88, 89 

Institutes, appoints conductors, etc 1392 73, 74 

Assists at institutes 1113 11 

Course of instruction for, prescribes 1112 11 

Eules for institutes and training schools 1112 11 

List of publications, to furnish 1108 10 

Member of certain boards 1107 10 

Qualifications of 1105 10 

Eules for teachers' institutes, shall prescribe 1112 11 

Eecord of official acts, shall keep 1114 11 

Eeports on rural and graded schools aided 1449 90 

Salary of state superintendent 1120 12 

Sample copy of text books sent to 1397 75 

School laws printed and distributed, when 1118 11 

Seal, shall have 1115 11 

Shall preserve documents 1106 10 

State Board of Education, president ex officio 1426 82 

Supplies and blanks, shall furnish 1108 10 

Term of office 1105 10 

Text books, approved and lists furnished 1397 75 

Traveling expenses 1120 12 

Vacancy, how filled 1322 57 

SUPPLIES— 

Blanks, etc., furnished by state superintendent 1108 10 

SUSPENSION OF PUPILS— 

By school board 1180 24 

Teacher may suspend 1386 72 

TAXES— 

Amount, levied for state institutions 1416 80 

Of increase for 1915-16 limited (Chapter 254) 119 

Annual school tax 1222 34 

Collections certified to county superintendent 1225 35 

County agricultural schools, tax for 1456 92 

State levy for support 1470 96 

Delinquent taxes apportioned 1226 35 

Equalization of debts, maximum levy 1329 58 

How and when collected 1221 34 

In districts having no school boards 1228 35, 36 

Levy, how made, and when 1182, 1222 24, 34 

Not to be increased 1915 more than 5% (Chapter 

254) 119 

Not to be increased 1916 more than 10% (Chapter 

254) 119 

Of county tuition tax 1224 35 

To pay judgment . 1223. 34, 35 



INDEX 157 



TAXES (Continued) — Section Page 

Maximum levy for final judgment 1227 35 

Tax to equalize indebtedness 1329 58 

Uniform, taxes must be 1227 35 

TEACHEES— 

Eelatives of board eligible, when 1173 22 

In certain cities 1318 56 

(See Duties of Teachers) 

TEACHEES' COLLEGE— 

Diplomas of, accredited 1365 67 

TEACHEES' INSTITUTE— 

(See Institutes and Associations) 

Appointment of conductors, assistants and lecturers. .1392 73, 74 

Eules for, by state superintendent 1112 11 

State superintendent to attend 1113 11 

TEACHEES' INSUEANCE AND EETIEEMENT FUND— 

Annual meeting of members, when 1496 102 

Annuity, amount of 1521 105, 106 

Diminished, when 1522 106 

Not subject to legal process 1527 106 

Paid from interest and principal 1525 106 

Paid quarterly 1524 106 

To cease, when 1526 106 

Application, made to whom 1520 105 

Assessments, amount of ■. 1504 103 

Back assessments paid r . . . 1517 105 

Mandatory on new teachers after January 1, 1914. 1505 103 

Optional on teachers now in state up to January 

1, 1917 1506 103 

Eetention of 1503 103 

Board of trustees, members of 1495 101, 102 

Compensation of board, of secretary 1500 102 

Expenses of, paid 1500 102 

Meetings of 1499 102 

Organization of 1498 102 

Elect president and secretary 1498 102 

State treasurer, ex officio treasurer 1498 102 

Eegulations of 1499 102 

Eeport of, annual 1502 102 

Vacancies in 1497 102 

County tuition fund, drawn on 1515 104, 105 

Fund created 1495 101 

From assessment 1504 103 

From county tuition fund 1515 104, 105 

Name of 1516 104 

Funds invested 1501 102 

Penalty for failure to report and transmit 1514 104 

Transmitted to state treasurer 1513 104 

Members meet annually 1496 102 

Who eligible to be 1528 106 

Withdrawal of 1523 106 

Money transmitted to county treasurer 1508 103, 104 

Eeport, annual, of board of trustees 1502 102 

Eeports, county superintendents, shall make annual.. 1511 104 

All to be preserved 1512 104 

Eetirement of teachers, provisions for 1518 105 



158 INDEX 



Section Page 

TSACHEES' INSUEANCE AND EETIEEMENT FUND (Continued)— 

School year, legal, defined 1519 105 

Statements to be sent in all cases 1510 104 

Statements to be sent to county superintendent and 

county auditor 1509 104 

Teacher defined 1528 106 

To give notice 1507 103 

Transmission of money to county treasurer 1508 103, 104 

Vacancies, members of board of trustees 1497 102 

Withdrawals from membership, when and how 1523 106 

Who eligible to membership 1528 106 

TEACHEES' PENSION FUND— 

(See Teachers' Insurance and Eetirement Fund) 

TEACHEES' EEADING CIECLE— 

(See Eeading Circle) 

TEACHEES' TEAINING SCHOOL— 

County funds appropriated, how 1394 74 

Counties may unite for 1393 74 

Eules for, by state superintendent 1112 11 

Teachers shall attend . •. 1385 72 

(See also Institutes and Associations) 

TEEM— 

Of office, clerk of school district 1160 20 

County superintendent of schools 1121 12 

Director, three years 1151 17 

State Board of Education 1424 82 

State Board of Eegents 2 113 

State superintendent 1105 10 

Treasurer of school district 1151 17 

Trustee, county agricultural school 1458 92 

Of school (See School Term) 

TEEEITOEY— 

Adjacent, how attached 1240 38 

Divided, when 1142 15 

By natural obstacle 1142, 1144 15, 16 

To form special district 1233 37 

In two counties 1142 15 

New district may include what 1147 16, 17 

What may be organized 1141 15 

TEXT BOOKS— 

(See Free Text Books) 

May be furnished by district 1397 75 

Must be approved 1397 75 

Uniform text books (Chapter 145, Laws 1915) 1-11 121, 124 

TITLE— 

How acquired 1187 26 

TOWNSHIP— 

Fractional township may be annexed 1142 15 

TEAINING SCHOOL— 

(See Teachers' Training School) 



INDEX 159 



TEANSPOETATION— Section Page 

Distance to make transportation mandatory 1342 (5) 63 

Furnished by district, when 1190 27 

TRAVELING EXPENSES— 

Commissioner of education (State) (Chapter 237) . ... 7 114, 115 

County agricultural school, board of trustees 1459 93 

County superintendent (See Mileage) 

High school inspector 1433 84 

Eural and graded school inspector 1444 88, 89 

State board of education 1425 82 

State board of regents 5 114 

State superintendent 1120 12 

Trustees Teachers' Pension Fund 1500 102 

TREASURER— 

(See School Treasurer) 
(See State Treasurer) 

TREE PLANTING— 

Duty of school board 1204 29 

Funds for 1206 29 

TRUANT OFFICER— 

May be employed, in what districts 1345 64 

TUITION— 

Charged in model school (Chapter 142) 1. /. 1 1 9 

Minimum charge, in high school 1 119 

In elementary school 1 119 

TUITION FUND— 

(See School Funds) 

TWO AND A HALF MILES— 

Limit for organizing school and compelling attendance. 1188 26 

UNIFORM TEXT BOOKS— 

(Chapter 145, Laws 1915, 121-4) 

Abridged editions, how sold 2 (a) 121 

Bond to be given, approved by whom 1-2 121, 122 

Forfeited, when 4 122 

Book companies not to offer inducements of any 

character 5 122 

Books furnished at prices listed 2 . (a) 121 

Competition not to be restricted 2 (e) 122 

Conditions to be complied with 1 121, 122 

Copies of all books filed with lowest prices 1 121 

Free text books, board may, provide, when 9 123 

Election to determine, how conducted 9 123 

Question submitted to people, when 9 123 

Lists of books to be printed 3 122 

First list within six months 3 122 

Supplementary list annually 3 122 

Penalty for violation 10 124 

Prices to be same in North Dakota as elsewhere. . . .2 (b) 121 

Not to be controlled by combination 2 (e) 122 

Property of district, books are 9 123 

Pupils responsible for books loaned 9 123 

Purchase books of families moving away 8 . . . 123 

Quality to be equal to the best., 2 (c) 121 



160 INDEX 



UNIFOEM TEXT BOOKS (Continued)— Stietion 

Sample books may be furnished 5 122, 123 

School boards may appoint agents 6 123 

Advance of 15% may be allowed agents. 6 123 

School districts or boards authorized to purchase 7 123 

May sell to pupils at cost 7 123 

Purchase books and loan to indigent children .... 7 123 

From families moTing out of district 8 123 

Necessary for teachers 7 123 

Violation, penalty for 10 124 

UNITED STATES FLAG — 
(See Flags) 

Provided and displayed, when 1400 75, 76 

VACANCIES— 

Board of education of special districts 1271 45 

Of independent districts 1292 49, 50 

Board of trustees agricultural schools 1458 92 

County superintendent 1323 57 

Director of common school district 1324 57 

Election board 1156 19 

Failure to give bond 1256 42 

Treasurer of independent district 1305 53 

School clerk 1325 57 

School treasurer 1324 . 57 

State board of regents 3 113 

Superintendent of public instruction 1322 57 

When there is a vacancy 1326 57 

VOTEES— 

Who are voters , 1153 18 

WAERANTS— 

Money paid only on proper vrarrants 1255 42 

No money paid except on proper warrant 1168 21 

Notice to drawee of sufficient funds 1169 22 

Only for prior indebtedness 1170 22 

Penalty, failure to endorse unpaid 1353 65 

Unpaid bear interest 1169 22 

To be endorsed 1169 21, 22 

What to specify 1170 22 

WATER CLOSETS— 

School board must provide 1403, 1490 (4) 76, 101 

WEEK— 

School week defined 1382 71 

WOMEN— 

Are voters, when 128, 1153 9, 18 

WRITING— 

Must be taught in all schools . . .* 1451 91 

YEAR— 

School year defined 1382, 1519 17, 105 






P-. 



